constructive manslaughter Flashcards
CM
D kills whilst lacking the malice aforethought for murder but was committing an unlawful act
key elements for D to be guilty
1 - unlawful force
2 - dangerousness
3 - causing death
4 - mens rea
Larkin
D threatened man at a party with a blade, woman fell on it and died
guilty of CM as he committed an assault, dangerous that caused her death, had MR
Franklin
threw beer crate into the sea which killed a swimmer
NG of CM but GN as it was a civil offence
Lowe
neglected child that died
not guilty of CM as it was an omission - failed duty so manslaughter
Lamb
shot friend but didn’t know it was going to fire
NG of CM as there was no unlawful act
Church
V mocked D so he attacked her and threw her in the river to drown
liable of manslaughter as the sober and reasonable person would have seen some harm - set the test, objective and RM some harm
Newbury and Jones
threw concrete off a bridge killing a guard
guilty of CM as age was irrelevant - RM test was objective
Dawson
armed robbery at petrol station, V was 60 and had a heart condition - died
COA - NG as the sober and reasonable man wouldn’t of been aware of condition
Watson
burgled 87 year olds house he died 90 minutes later
G of CM - reasonable man would have been fully aware of Vs fragility
Ball
dispute neighbour loaded shot gun, some blank
G of manslaughter as the sober and reasonable man would have seen the act as dangerous
Mitchell
post office argument - D pushed V who fell into an elderly lady leading to her death
G of causation - but for test
Cato
injected V with heroin who overdosed and died
COA - G of CM section 23 he had an active role in Vs death
Dalby
D gave V prescription drugs - overdosed and died
NG of CM as self administration broke the chain of causation
Kennedy No2
V asked D for sleep medicine but was given heroin - V died
HOL confirmed that self injection breaks causation unless its a child, vulnerable person
