Reconstructing unlawful and dangerous act manslaughter

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Abstract

In the last three decades, unlawful and dangerous act manslaughter has been subject to contradictory recommendations for reform. The debate has been dominated in that time by disagreement over the change of normative position, considered when attempting to justify liability for causing death in the commission of a crime with the objective risk of injury in the circumstances. The article suggests that this current definition of unlawful and dangerous act manslaughter is defensible if appropriately interpreted by the Supreme Court. The interpretation requires an intended unlawful act and the foreseeable risk of injury from a specific circumstance known to the defendant before the unlawful act.
Original languageEnglish
Pages (from-to)272-283
Number of pages11
JournalJournal of Criminal Law
Volume83
Issue number4
Early online date3 Jul 2019
DOIs
Publication statusPublished - 1 Aug 2019

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Keywords

  • Unlawful and dangerous act manslaughter
  • change of normative position
  • moral luck

ASJC Scopus subject areas

  • Law

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