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Criminal Law - Invol

Involuntary Manslaughter: Constructive Manslaughter

QuestionAnswer
Test for constructive manslaughter (1) Unlawful Act (2) That is dangerous (3) That causes the death of V
Franklin unlawful act can't be a tort
Lowe unlawful act can't be an omission
Lamb no unlawful act (no assault)
Bristow and Others unlawful act was a burglary + some crimes may become dangerous under alternate circumstnaces?
Farnon and Ellis unlawful act can be criminal damage
Church Outlines dangerous act test
Dangerous act test A reasonable person must foresee the possibility of SOME harm
DPP v Newbury and Jones children didn't foresee possibility of harm, but because the test is objective, they were liable
JM and SM dangerous act test merely requires the foreseeability of some harm (bouncer chase + thin skull rule for aneurysm)
Larkin unlawful act needn't be directed aty V
Dawson Reasonable person doesn't foresee harm (heart attack)
Watson Reasonable person does foresee harm (burgling of known old person)
Lewis no break in the chain of causation, so liable for constructive ms
Kennedy Injecting of heroin that D supplied breaks chain of causation, so not liable for constructive ms
mens rea of constructive manslaughter mens rea of the unlawful act
Created by: Oscar.G
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