This is an extract of our Involuntary Manslaughter document, which we sell as part of our GDL Criminal Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.
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Criminal: Involuntary Manslaughter
involuntary manslaughter: all unlawful homicide other than murder. no malice aforethought: distinguished from murder. difficult to define:
[Ld Atkin] in Andrews v DPP : 'so many and so varying conditions ... absence of intent to kill, but with the presence of an element of "unlawfulness" which is the elusive factor'. Law Commission Report: risk of becoming amorphous 'catch-all' offence. 2 forms considered:
1. unlawful act (or constructive) manslaughter: d. causes victim's death as result of committing some other, lesser criminal offence.
2. gross negligence manslaughter: d. causes victim's death as result of grossly negligent behaviour.
Unlawful Act (Constructive) Manslaughter
constructive manslaughter: d. lacks MR for murder, but kills someone in course of committing a crime.
- Definition: DPP v Newbury and Jones : d. pushed concrete paving slab onto oncoming train, killed guard.
1. d. intentionally (voluntarily) did an act
2. act was unlawful
3. act was dangerous
4. act caused death of victim.
- Defendant's act was intentional: only act, not consequences must be intended (i.e. voluntarily done).
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