Answer to Problem Question on Manslaughter

70218 - Criminal Law

This answer to a problem question recieved a mark of 25/30. It was a difficult problem question involving discussion of the defence of Substantial Impariment of the Mind and Negligent Manslaughter. This answer could be adapted to a wide range of questions about homicide and defences to this crime.

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Alternatively, the prosecution may seek to establish Anna's liability on the basis of manslaughter by criminal negligence. II ACTUS REUS A Relevant Act and/or Omission The prosecution must first establish that there was an act and or/omission done by the accused. 4 The relevant omission is Anna's series of omissions. Anna did not follow the nurse's advice, and omitted to turn Vince to reduce the occurrence of pressure ulcers. She did not call anyone to help her turn him once she hurt her back, nor keep the house in a hygienic state. Anna did not try to find the source of the peculiar smell. B Voluntariness The second element is that the omissions were voluntary. The prosecution is entitled to presume voluntariness.5If Anna wishes to raise the issue of voluntariness, she must prove that there was a reasonable possibility that her omi...

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