manslaughter by criminal negligence and causation.docx -...

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Elements of Negligent ManslaughterEach of the 4 elements needs to be proven by the prosecution beyond a reasonable doubt1.The accused owed the victim a duty of care2.The accused breached that duty by criminal negligence3.The act which breached the duty was committed consciously and voluntarily4.The accused’s breach of the duty caused the victim’s deathBREAKDOWN OF ELEMENTS1.The accused owed a duty of care – Nydam v RoOnly a legal duty of care can give rise to liability for manslaughter – moral duties such as an obligation to help a stranger in distress are not relevant – R v TaktakoThe common law imposes a general duty to all people who are doing a dangerous act or who have charge of anything dangerous, to take ordinary precautions to avoid harming other people – R v DohertyoDuty to act may arise because of:The relationship with the victim (e.g. contractual or domestic partners, parent/guardian)A statutory obligation – e.g. to avoid specified omissions

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