Unlawful and Dangerous: A Comparative Analysis of Unlawful Act Manslaughter in English, Australian and Canadian Law

Storey, Tony (2017) Unlawful and Dangerous: A Comparative Analysis of Unlawful Act Manslaughter in English, Australian and Canadian Law. The Journal of Criminal Law, 81 (2). pp. 143-160. ISSN 0022-0183

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Official URL: http://doi.org/10.1177/0022018317694715

Abstract

The crime of unlawful act manslaughter (otherwise known as constructive manslaughter) exists in English and Australian common law. It is also an offence contrary to the Canadian Criminal Code. In all three jurisdictions the offence shares the same essential elements, including the requirements that the accused commit an act which is both unlawful and dangerous. This article will explore the case law on unlawful act manslaughter in Australia, Canada and England, focusing on the elements of an unlawful act and dangerousness, in order to identify similarities and differences in the application of the law in the three jurisdictions. Where differences are found, consideration will be given to the question whether English law should be reformulated.

Item Type: Article
Uncontrolled Keywords: Homicide, manslaughter, unlawful act, dangerousness
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Tony Storey
Date Deposited: 02 Oct 2017 11:16
Last Modified: 01 May 2018 12:11
URI: http://nrl.northumbria.ac.uk/id/eprint/32161

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