ManslaughterTo critically discuss whether the law governing manslaughter is in a satisfactory state, I must first examine the current law, outlining the problems, and then examine the proposed changes.Manslaughter –* This is where death occurs as a result of the defendant's conduct.* It has a similar AR to murder, but lacks the MR of murder.* It can include a very broad range of circumstances.* The maximum sentence is life imprisonment, but the judge has discretion in pronouncing sentence. .* There are three types of manslaughter, as well as a new area that is emerging. These are:* Constructive manslaughter (wrongful act manslaughter)* Gross negligence manslaughter* Subjective recklessness manslaughter* And the most recent area, corporate manslaughter. Constructive manslaughterConsists of an illegal and dangerous act in which death is the consequence, even though the death may never have occurred was contemplated by the defendant.AR* The defendants' illegal and dangerous act caused the death of another human being.MR* It must be shown that D had MR for the wrongful act, but it is not necessary to show that D anticipated any harm from his act. An omission is not sufficient to create a wrongful act of manslaughter, as demonstrated in the Lowe case where the defendant was accused of neglecting his child. This could be seen as slightly unfair, since an omission causing death can be as bad, or even worse, than an act causing death. For example, lighting a cigarette at a petrol station, as it is an illegal act, littering and a dangerous act, and if a death occurs, could amount to manslaughter. Neglecting a child could be considered more serious than this, but this is not the case
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