constructive manslaughter Flashcards

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1
Q

CM

A

D kills whilst lacking the malice aforethought for murder but was committing an unlawful act

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2
Q

key elements for D to be guilty

A

1 - unlawful force
2 - dangerousness
3 - causing death
4 - mens rea

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3
Q

Larkin

A

D threatened man at a party with a blade, woman fell on it and died
guilty of CM as he committed an assault, dangerous that caused her death, had MR

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4
Q

Franklin

A

threw beer crate into the sea which killed a swimmer

NG of CM but GN as it was a civil offence

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5
Q

Lowe

A

neglected child that died

not guilty of CM as it was an omission - failed duty so manslaughter

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6
Q

Lamb

A

shot friend but didn’t know it was going to fire

NG of CM as there was no unlawful act

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7
Q

Church

A

V mocked D so he attacked her and threw her in the river to drown
liable of manslaughter as the sober and reasonable person would have seen some harm - set the test, objective and RM some harm

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8
Q

Newbury and Jones

A

threw concrete off a bridge killing a guard

guilty of CM as age was irrelevant - RM test was objective

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9
Q

Dawson

A

armed robbery at petrol station, V was 60 and had a heart condition - died
COA - NG as the sober and reasonable man wouldn’t of been aware of condition

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10
Q

Watson

A

burgled 87 year olds house he died 90 minutes later

G of CM - reasonable man would have been fully aware of Vs fragility

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11
Q

Ball

A

dispute neighbour loaded shot gun, some blank

G of manslaughter as the sober and reasonable man would have seen the act as dangerous

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12
Q

Mitchell

A

post office argument - D pushed V who fell into an elderly lady leading to her death
G of causation - but for test

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13
Q

Cato

A

injected V with heroin who overdosed and died

COA - G of CM section 23 he had an active role in Vs death

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14
Q

Dalby

A

D gave V prescription drugs - overdosed and died

NG of CM as self administration broke the chain of causation

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15
Q

Kennedy No2

A

V asked D for sleep medicine but was given heroin - V died

HOL confirmed that self injection breaks causation unless its a child, vulnerable person

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16
Q

Goodfellow

A

D set fire to his council house in order to be rehoused - killed 3 people
G of CM as all 4 elements were there, showed that Ds aim is irrelevant

17
Q

Lamb

A

2 men playing with a gun

NG as the mens rea was lacking - didn’t foresee the event