Subjective Recklessness Manslaughter

Question 1

What is the mens rea?

Answer 1

That the defendant must have foreseen a risk of death or serious injury and known that a risk was at least highly probable

Question 2

What case is relevant to subjective recklessness manslaughter?

Answer 2

Lindar (2000)

Question 3

When was the case of lindar?

Answer 3

2000

Question 4

What happened in the case of lindar (2000)?

Answer 4

The defendant drove his car for 200m with the victim hanging out the window which eventfully resulted in the victim being run over and killed.

Question 5

What was the outcome of lindar (2000)?

Answer 5

The trial judge used the subjective recklessness test and the court of appeal upheld his conviction.

Question 6

What is the test for subjective recklessness?

Answer 6

Did the defendant foresee a risk of death or serious injury and assessed the risk was highly probable

Question 7

What is the actus reus?

Answer 7

The defendant causing the death