Constructive manslaughter

Constructive manslaughter

1. There must be an unlawful act (crime)

   • Larkin
     • razor
   • Ariobeke
     • trains - assault
   • Newbury and Jones
     • trains - criminal damage

2. The act must be dangerous

   • Church
     • river
     • guilty of constructive manslaughter as she died as a result of his dangerous act
   • Dawson
     • burglar in house
       • 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.
     • Found not guilty as it couldn't be proved if D caused the heart attack or the arrival of the police.
   • Watson
     • burglary in garage
       • Found not guilty
       • Jury was told the V had a heart condition
   • Newbury and Jones
   • Bristow (2013)
     • burglar in garage
     • Found guilty as forensic evidence proved that V was hit by car(s) driven by D
       • Joint enterprise meant they were all found guilty

3. A death must occur as a result

   • Dalby
     • drugs
     • Found not guilty as court said the unlawful and dangerous act should be directed at V
   • Mitchell
     • set the precedent
       • no need for direction at V, could be somebody else.
     • post office
   • Goodfellow
     • council house
     • 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.