ENGLISH

Criminal Liability for Non-Aggressive Death

By C.M.V. Clarkson and Sally Cunningham

Book information

Year
2008
ISBN
9780754673347, 0754673340
LCC
KD7963 .C75 2008
Open Library ID
OL16444164M
Language
english
Format
PDF
Filesize
1 MB (1570872 bytes)
Pages
256\269
Scanned
yes
Time added
2011-06-04 13:46:07

Description

The offence of manslaughter exists as a 'catch-all' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'accidental' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and puts forward two possible models for reform.The first half of the book deals with issues specific to different activities, which may or may not justify the creation of offences specific to death caused in pursuit of them. The second half deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences, and includes a comparative chapter on Australian law. The work includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas.

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