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Discuss Brian's criminal liability for the involuntary manslaughter of Don.
Member rating: No Rating | Words: | Submitted: Thu Jan 13 2005
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In this question Don has died, therefore I will look at homicide offences, in particular Involuntary Manslaughter. Involuntary manslaughter is the term given to an unlawful killing where the necessary MR for murder is not present - the D will not have had any intention to kill or to inflict GBH. In fact, the D will probably not have contemplated the death of the victim at all. The AR of Constructive Manslaughter "An unlawful and dangerous act resulting in death." Unlawful simply refers to the D's actions being a crime to initial the charge of Involuntary Manslaughter. E.g. in R v Church, the D and the V had sex in the back of Church's and he fails to please her. A fight ensued and the V was punched and knocked out by the D. Church's initial crime, either battery or ABH, resulted in her death when she drowned. Dangerous...
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