Constructive manslaughter

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A-Level Law (Fatal offences) Mind Map on Constructive manslaughter, created by lottelou96 on 18/11/2013.
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Mind Map by lottelou96, updated more than 1 year ago
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Created by lottelou96 over 10 years ago
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Resource summary

Constructive manslaughter
  1. There must be an unlawful act (crime)
    1. Larkin
      1. razor
      2. Ariobeke
        1. trains - assault
        2. Newbury and Jones
          1. trains - criminal damage
        3. The act must be dangerous
          1. Church
            1. river
              1. guilty of constructive manslaughter as she died as a result of his dangerous act
              2. Dawson
                1. burglar in house
                  1. 87 year old man - should age be considered? Or health and condition of V? If D knows about either, he'd know there might be a risk.
                  2. Found not guilty as it couldn't be proved if D caused the heart attack or the arrival of the police.
                  3. Watson
                    1. burglary in garage
                      1. Found not guilty
                        1. Jury was told the V had a heart condition
                      2. Newbury and Jones
                        1. Bristow (2013)
                          1. burglar in garage
                            1. Found guilty as forensic evidence proved that V was hit by car(s) driven by D
                              1. Joint enterprise meant they were all found guilty
                          2. A death must occur as a result
                            1. Dalby
                              1. drugs
                                1. Found not guilty as court said the unlawful and dangerous act should be directed at V
                                2. Mitchell
                                  1. set the precedent
                                    1. no need for direction at V, could be somebody else.
                                    2. post office
                                    3. Goodfellow
                                      1. council house
                                        1. this developed the law further: there was no need for the unlawful and dangerous act to be directed at a human being - could be an inanimate object too.
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