Sunday, 15 May 2011

Law - involuntary manslaughter

Right so the law revision - involuntary manslaughter.

GNM - a way for prosecuting those whose professional failures cause death.
Duty of Care
Adomako 1994
Misra 2004
Bateman 1925
Andrews 1937
Donoghue v Stevenson - neighbour principle
Pittwood - contractual
Dytham - public office
Instan - voluntary assumption
Stone & Dobinson - voluntary assumption
Gibbons & Proctor - specific relationship
Lowe - specific relationship
Miller - duty to rectify dangerous situation
Khan & Khan - can create new ones
Evans (Gemma) - (used Khan & Khan) duty to mitigate harm done
Wacker - duty to provide care, even in illegal act
Willoughby - duty to provide care, even in illegal act
Winter - duty to recitfy dangerous situation

AO2 - people who engage in illegal acts and therefore owe a DoC to their fellow criminals may not even know they are under that obligation. Applies to others as well like Stone and Dobinson and Wacker.

CAM - a way of prosecuting people for reckless crimes that end in death
Church - establishes test
Lewis - reinforces test - most recent statement of the law
Hancock & Shankland
Newbury & Jones
Lamb
Dhawali
Dawson - bystander
Watson - bystander
Carey - bystander
Slingsby

AO2 - How can you prosecute someone who didn't even foresee death? Who didn't even intend it? Unfair. May not even know their actions contributed - Slingsby

Reckless Act Manslaughter - a way of convicting those who kill out of recklessness
Seymour - reckless act - brought it back - confusion
Lidar - reckless act - subjective test - brought it back again - confusion

AO2 - surely should be subjective test - subjectivist argument - empathy to D - put themselves in situation - because RM would never be reckless - always reasonable.

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