Constructive Manslaughter Flashcards
what is constructive manslaughter an example of?
involuntary manslaughter
what is constructive manslaughter?
where D does an unlawful act that causes the death of the victim, but they don’t have the intention for the killing
what are the 4 areas of constructive manslaughter?
- unlawful act
- dangerous
- caused death
- intention for the unlawful act
what does ‘unlawful act’ mean?
e.g dangerous driving, arson
what case example can be used for ‘unlawful act’?
Larkin - D waved a razor around and V fell on it and died. Guilty.
what does ‘dangerous’ mean?
- would the SRP see D’s actions as dangerous?
- would the SRP see a risk of some harm?
what case example can be used for ‘dangerous’?
Church - V mocked D during sex, D slapped V and knocked her unconscious. Believing she was dead, he threw her body in a river. When V found, cause of death was drowning. Guilty.
what does ‘caused death’ mean?
factual and legal causation apply
what does ‘intention for the unlawful act’ mean?
e.g intend to set fire to something or intend to punch someone
transferred malice applies
what case example can be used for ‘intention for the unlawful act’?
Newbury and Jones - Ds threw a concrete slab off a railway bridge and hit a train and killed the driver. Intention to throw the slab but not to kill. Guilty.
