Crime XXXXXVII – Constructive Manslaughter XVI – Mens Rea I
Thus
far we have looked at the actus reus (or the guilty act) to successfully obtain
a conviction for constructive manslaughter. The act has to be unlawful and the
unlawful act must satisfy the following criteria:-
·
The unlawful act must be unlawful in
criminal law and not just civil law
·
The act must be an overt act and an
omission or a failure to do something when there is a duty imposed by either
common law or statute to do so will not suffice see R v Lowe (1973)
·
The act must not merely result in
physical injury but must be an act that the reasonable man would view as
serious and an act that as far as the reasonable man is concerned would lead to
dire consequences. Even if there is an assault it may not be sufficient to give
rise to a conviction of constructive manslaughter see R v
Arobekieke (1988).
The
test that that is used to determine if the act may lead to serious consequences
or could be fatal is the objective test (or the reasonable man’s test)
· The unlawful act need not be directed at
the victim see R v Larkin (1942) and R v Mitchell (1983) and
·
The act must result in the death of the
victim but the death must not be due to an inherent illness or a preexisting
medical condition see R v Dawson (1985) and R v Carey & Ors (2006)
Let
us now look at the mens rea or the mental element that is needed or required to
obtain a conviction for constructive manslaughter or unlawful act manslaughter.
Copyright
© 2019 by Dyarne Ward
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