In this document, you will find a summary exam structure that will be helpful and can be taken in the exam with you. All the important cases are summarised as well as the definitions that will be needed when applying for the exam.
Murder, Voluntary Manslaughter, Invountary
Manslaughter, Corporate Manslaughter
Involuntary manslaughter:
Covers cases of unlawful homicides where the actus reus is present but the mens rea is
not.
Two types of manslaughter:
1. Constructive manslaughter:
Actus reus:
● An unlawful act: the death has been caused by an unlawful act which must be a
crime. A tort would not be sufficient. The act must be a positive act not a neglect.
A case example is Franklin (1883):
D pushed a refreshment stall into the sea from West Pier at Brighton. The stall hit and killed a
swimmer. It was held that the act of pushing the stall into the sea trespass which is a civil wrong
and not enough to create liability for constructive manslaughter. If there is no unlawful act (i.e.
no crime committed) there can be no liability for constructive manslaughter
● Dangerous: the act must be described as dangerous. An act that any reasonable and
sober person would realize the risk of some harm.
Church test:
-D is judged by sober and reasonable people, it does NOT matter what D did or did NOT realize
-The jury needs to recognize that D’s act could cause some harm to some people- it doesn’t
have to be serious harm or death
Larkin (1943)-D threatened another man with an open cut-throat razor, to frighten. The mistress
of the other man tried to intervene and, because she was drunk, accidentally fell onto the open
blade which cut her throat and killed her. On appeal, D’s conviction for manslaughter was
upheld. The act of threatening the other man with a razor was a technical assault. It was also an
act that was dangerous because it was likely to injure someone.
Apply to the scenario:
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Emanuela25. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.73. You're not tied to anything after your purchase.
