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Involuntary manslaughter comprises the commission of the actus reus of homicide without malice aforethought, which is required for specific intent offences like murder.
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| Submitted: Wed Mar 10 2004
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Involuntary manslaughter comprises the commission of the actus reus of homicide without malice aforethought, which is required for specific intent offences like murder. There are now, since R v Adomako [1994], two clearly recognised kinds of involuntary manslaughter. These are unlawful act manslaughter (constructive manslaughter) and gross negligence manslaughter also sometimes referred to as 'reckless' manslaughter. Unlawful act manslaughter arises where the defendant has first committed an unlawful act, and as a result, someone dies (causation in fact and in law is required). In addition, the unlawful act must be dangerous on an objective test; i.e. it must be 'such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm' (established by the Court of Appeal in Church (1996)). The act need not be aimed at a person; it can be aimed...
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