RM and reform Flashcards
Do we actually need RM?
rarely prosecuted and vey few cases that won’t come under GNM or UAM as those do not require subjective foresight to death or SI therefore will usually be easier to prosecute
Where will RM be necessary
where if kills bu omission and D’s omission poses no objective foresight of death
What is Manslaughter A
unlawful killings caused by acts of GN even where D is unaware of conduct applying the standards of a reasonable person, but only if D is capable of appreciating those risks therefore slightly waters down the test and makes it norrower and protects those with mental disabilities
What is Manslaughter B
unlawful killing causes by a criminal act- intended to cause injury or causes by a criminal act foreseen as involving a risk of causing some injury. This sibjective test will stop D being convicted when he was not aware
What would happen to RM
It would disappear although some RM would fall into 2nd degree and some MS through GN