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 language | English |
|---|---|
| Pages (from-to) | 272-283 |
| Number of pages | 11 |
| Journal | Journal of Criminal Law |
| Volume | 83 |
| Issue number | 4 |
| Early online date | 3 Jul 2019 |
| DOIs | |
| Publication status | Published - 1 Aug 2019 |
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
