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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homicide
liability
Supreme Court
offense
death
reform
interpretation
time

Bibliographical note

Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders.

Keywords

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

ASJC Scopus subject areas

  • Law

Cite this

Reconstructing unlawful and dangerous act manslaughter. / Leigh, Gavin.

In: Journal of Criminal Law, Vol. 83, No. 4, 01.08.2019, p. 272-283.

Research output: Contribution to journalArticle

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