2020- Constructive manslaughter Flashcards
what type of manslaughter is constructive
Involuntary manslaughter
R v Mitchell
Gives definition
unlawful dangerous act which was intentional and causes death
question on whether caused the death but he did factually and legally cause
what must the unlawful act be
a crime not civil
caused unlawful act
no defences
R v Franklin
civil wrongdoing is not enough
R v Lamb
they must cause the unlawful act
what are the defences to something being unlawful
consent
ejectment (landlords removing drunk people
R v Scarlett
shows an example of ejectment
R v Slingsby
consent defence
when woman was anally fisted and dies of infection. no crime so no manslaughter
examples of acts include
Assault/Battery Theft/Robbery/Burgulary Criminal Damage Arson Interfering with a motor vehicle Affray ( smaller rioting) Administering a noxious substance
what can’t be used in constructive manslaughter
ommissions
what must the unlawful act be
dangerous
R v Larkin
act must be likely to cause harm
R v Dawson
objective test when seeing whether there was likelihood of harm
What causation must be present
Factual and legal causation
what is the mens rea for constructive manslaughter
intention to committ unlawful dangerous act
