Involuntary Manslaughter : Constructive Manslaughter

Question 1

Examples

Answer 1

Throwing stones off bridges - R v Hancock and Shankland

Assaults that have gone wrong - R v Woollin

Arson - R v Nedrick

Question 2

Elements

Answer 2

1. unlawful act
2. Which is dangerous
3. and which causes death

Question 3

1. Unlawful act

Answer 3

Must be an act, omission will not do - R v Franklin / Lowe

The act must be a crime so D needs the ar and mr of that crime - R v Lamb

Question 4

2. dangerous

Answer 4

Act must be dangerous

TEST- a reasonable person would realise or foresee that it was possible to cause SOME HARM to the victim. The harm foreseen does not have to be serious

R v Larkin - brandishing a razor to frighten a woman who then fell onto it and died was an assault and a dangerous act

R v church - the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to some harm

R v Dawson test for dangerousness - was held whether a reasonable person would have realised that their actions were likely to create the risk of physical injury

R v Watson - D could be guilty if he was aware of D’s condition

Question 5

4. Which causes death

Answer 5

Rules on causation apply, legal and factual

The unlawful and dangerous act must be the cause of the death or D is not guilty of Manslaughter - r v Watson

Question 6

Drugs cases

Answer 6

R v Kennedy
Held that a drug dealer cannot be held responsible for a drug users death when the user is a fully informed and responsible adult. Voluntary act of the informed adult breaks the chain

R v Cato
If d actually injected v he can be liable for the death

Question 7

Mens rea

Answer 7

No special mr, it is the mr for the unlawful act. Usually intention or subjective recklessness.