Contructive Manslaughter

Question 1

D will not have the ..

Answer 1

Mens rea

Question 2

1 AR

Answer 2

D must commit an unlawful act

• must be crime not a tort- franklin
• must be an act not an omission- lowe
• doesn’t need to be aimed at the victim- Mitchelll
• doesn’t need to be aimed at person- Good fellow

Question 3

2AR

Answer 3

-which dangerous assessed by the objective church test
an act is dangerous if all reasonable and sober people would realise the risk of some harm,
-physical harm only (dawson) unless old and weak(Watson)

*** state what d done which may be dangerous

Question 4

3 which causes death

Answer 4

discuss causation as usual

Question 5

MR

Answer 5

• D must have the MR of the unlawful act (state D unlawful act)
• D doesn’t have to be aware that her act was unlawful or dangerous- Newbury and jones