taylorjackson19
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Hey, i have a problem question to do for my criminal law essay. I am an undergraduate 1st level. I have identified that the problem is Unlawful AAct Manslaughter - i have identified this as recklessness for the unlawful act but the defendant does not have the intention to kill the individual. However my issue is the fact the defendant is on heroin. He needs the mens rea for the unlawful act but does not have the mens rea for the intoxication? if this doesent make sense please message me.
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Hann95
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For constructive manslaughter, there is no requirement for intention to kill, only the intention to commit the unlawful act therefore you must be able to make out the mens rea of the unlawful act. The act must be unlawful, dangerous and must cause death.

With the matter of intoxication, this is only a defence to specific intent crimes. As you have identified recklessness, it is likely that unlawful act was that of basic intent and therefore intoxication would not be a sufficient defence.
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taylorjackson19
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Thanks so much, could i send you my answer once its complete?
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Hann95
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Sure
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