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Vol 23 No 5 May/June 2018

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Criminal Liability for Non-Aggressive Death (eBook)

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Edited by: CMV Clarkson, Sally Cunningham

ISBN13: 9781317157861
Published: July 2008
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £34.28 + £6.86 VAT
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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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Criminal Law, eBooks
C.M.V. Clarkson and Sally Cunningham
Homicide reform and the changing character of legal thought,
Jeremy Horder
The limits of manslaughter,
Victor Tadros
Whose luck is it anyway?,
R.A. Duff
Corporate manslaughter: need for a special offence?,
C.M.V. Clarkson
Vehicular homicide: need for a special offence?,
Sally Cunningham
Mum's not the word: an analysis of Section 5 , Domestic Violence, Crime and Victims Act 2004,
Jonathan Herring
Medical killing: need for a special offence?,
Oliver Quick
Dealing with drug induced homicide,
William Wilson
Manslaughter versus special homicide offences: an Australian perspective,
Stanley Yeo
'Manslaughter': generic or nominate offences?,
Andrew Ashworth