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week 7
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Lecture notes of 3 pages for the course Criminal Law at UoW (manslaughter)
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Involuntary Manslaughter - Homicide 2Murder vs Manslaughter
- Murder
Defendant kills another unlawfully
Defendant has the intention to kill or cause grievous bodily harm
- Manslaughter
Defendant kills another unlawfully
The defendant is at fault, but this is reduced because
There is a justifiable reason that explains their course of conduct, but only partly
Homicide was the result of another criminal offence
The defendants actions were grossly negligent
Voluntary vs Involuntary Manslaughter
- Voluntary Manslaughter
Defendant had the intention to kill/ cause serious harm
But their behaviour is less reprehensible due to the circumstances surrounding the killing
- In voluntary manslaughter
Defendant did not have the intention to kill/ cause serious harm, but there was still a killing
Defendants behaviour is less culpable than murder due to lack of mena rea
However, circumstances demonstrate that the still have a level of culpability
Two ways of committing involuntary manslaughter;
Unlawful Act (constructive) Manslaughter - often called constructive manslaughter - the manslaughter itself is
constructed from the defendants unlawful act
Gross negligence manslaughter
Unlawful act Manslaughter - larkin [1942]
‘Where the act which a person is engaged in performing is unlawful then if at the same time it is a dangerous
act, that is, an act which is likely to injure another person, and quite inadvertently the doer of the act causes
the death of that other person by that act, then he is guilty of manslaughter
Defendant commits of unlawful act
The act is dangerous
The act causes the death of the victim
The Defendant has the Mens Rea for the Base Crime
Unlawful Act
- The unlawful act needs to be criminal - a civil wrong is not enough - Franklin (1883)
- An unlawful act that only becomes criminal due to a defendant's negligence (e.g; dangerous driving) Is
excluded from “unlawful act” here - Andrews v DPP [1937]
- The defendant needs to carry out a positive act. An omission is not enough - Lowe [1973]
- All elements of the actus reus of the unlawful act needs to be satisfied
- The defendant does not need to be aware that their act is unlawful - DPP v Newbury [1977]
- It need not be directed to the victim - Dalby [1981]
The act must be dangerous
Not every unlawful act can be the base crime
The base crime needs to be dangerous – Confirmed in Larkin [1942]
The definition of dangerous is found in Church [1966]
“The unlawful act must be such as all sober and reasonable people would recognise must subject the other
person to, at least, the risk of some harm resulting therefrom, albeit not serious harm”
The defendant does not need to foresee the harm – this is an objective test
The act must only cause the risk of some harm, not the risk of death
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