Principle

CRIMINAL LAW – Manslaughter – Unlawful and Dangerous Act – Objective Test – Reasonable Person’s Recognition of Risk

Area of law: CRIMINAL LAW
Court: Supreme Court

Unlawful and dangerous act manslaughter requires: (1) an unlawful act; (2) the act is dangerous—likely to injure; (3) death caused inadvertently. The test for dangerousness is objective—what a reasonable person would recognise. The accused's knowledge or thinking is irrelevant. Sober, reasonable people must recognise the…

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