constructive manslaughter Flashcards
What is constructive manslaughter?
Church (1966) “A person is guilty of manslaughter if he kills by an unlawful and dangerous act. The only mens rea required is the intention (or recklessness) to do that act. It is irrelevant that the defendant is unaware that the act is dangerous, if a reasonable person would’ve been aware of it.”
What is constructive manslaughter (simple terms)
D must kill by an “unlawful” and “dangerous” act
D can still be arrested if he never complentated death would result from his actions
Liability is ‘constructed’ in the following way
Unlawful act+dangerous+death=Constructive manslaughter
who is my neighbour in law
The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question