Law: unit 3-Learning aim A & B : Homicide
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:
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:
