How is the criminal offence of constructive manslaughter\/unlawful act manslaughter established<\/p>\n
Constructive manslaughter is a partial defence to a committal of murder, reducing the offence to manslaughter (Child and Ormerod, 2015). It is considered a \u2018catch-all\u2019 offence for defendants who kill an individual but lack the sufficient Mens Rea for murder (Law Commission, 2006).<\/p>\n
The defence has three elements. First, there must be an unlawful act, which would be the offence the defendant would have been liable for but for the death of the victim, this is restricted to criminal offences, for example, burglary (Kennedy (No 2); R v Watson).<\/p>\n
Second, the act must be objectively dangerous to the victim, yet need not be directed at them (Child and Ormerod, 2015). The test from R v Church is whether all sober and reasonable individuals would recognise the act would subject the victim to at least some harm. This is an objective test; the defendant need not see any risk.<\/p>\n
Finally, the act must cause the victim\u2019s death. Factual and legal causation need to be established. Factual causation is proven if \u2018but for\u2019 the defendant\u2019s act, the victim would have survived (White). Legal causation is proven if the act was a proximate, substantial and operating cause of death. (Child and Ormerod, 2015)<\/p>\n
Child, J and Ormerod, D., (2015) Smith and Hogan\u2019s Essentials of Criminal Law. Oxford University Press<\/p>\n
Law Commission, Murder, Manslaughter and Infanticide (Law Com No 304, 2006) Para 2.9<\/p>\n
Kennedy (No 2) [2007] UKHL 38<\/p>\n
R v Watson [1989] Crim LR 730<\/p>\n
R v Church [1996] 1 QB 59<\/p>\n
R v White [1910] 2 KB 124<\/p>\n","protected":false},"excerpt":{"rendered":"
An explanation of constructive\/unlawful act manslaughter and how liability is established<\/p>\n","protected":false},"author":1,"featured_media":1938,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[],"yoast_head":"\n