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Crime 5

Involuntary Manslaughter

TermDefinition
Constructive Manslaughter Unlawful killing through an unlawful & dangerous act
Test for GNM Duty, breach, risk of death, death, gross negligence
Lowe CM can't be through an omission
Franklin CM can't be through a tort
Lamb 'Revolver' case - no unlawful act
Church Case where 'dangerous' is defined
DPP v Newbury & Jones Boys threw block onto train - objective test for dangerous
Larkin 'Razor' case - unlawful act needn't be aimed at V
Mitchell 'Queue' case - transferred malice
JM & SM 'Bouncer' case - actual harm suffered was not foreseeable
Dawson Robbery - cashier died of heart attack
Watson Burglary/assault - frail elderly victim
Goodfellow Burned house down - harm was foreseeable
Bristow & others Circumstances of burglary made it dangerous
Farnon & Ellis Fire in derelict building - D had mental age of 6
Kennedy Drug injection - causation
Lewis/Corbett D being hit by car didn't break chain
Adomako Leading case on GNM
Bateman Doctor negligent during delivery of baby - 'disregard for life & safety of others'...
Singh Manager of flats - CO poisoning
Misra, Srivastrava GNM does not breach Art 7 ECHR
Wood & Hodgson Ecstasy tablet in cigarette packet
Wacker Immigrants in lorry - ex turpi causa?
Khan & Khan Drug dealers don't owe duty to client
Finlay Scout trip to Snowdon - not GNM
Willoughby Pub arson - GNM and CM may overlap
Lidar Reckless MS may still exist?!
Stone & Dobinson/Instan/Miller/Pittwood Duty owed for various reasons...
Rose/Kuddus Risk of death is assessed using D's knowledge at time of breach
Created by: Mr Lovell
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