Hannahrae
Badges: 9
Rep:
?
#1
Report Thread starter 1 year ago
#1
I’m a little confused on this, not sure if you can argue both sides equally or one stands out a lot more...

If a person threats to kill another, and they die of a heart attack through fear, would the defendant be guilty of voluntary or involuntary manslaughter? I understand that saying it does imply intent, but he may not have intended to act upon it.
Help pls ❤️
0
reply
Notoriety
Badges: 22
Rep:
?
#2
Report 1 year ago
#2
What? Fill out the question a bit.

You ask about intent in your title. Then say you're asking about vol or invol manslaughter. And you've not even identified which type of invol manslaughter you're talking about.
Last edited by Notoriety; 1 year ago
0
reply
Hannahrae
Badges: 9
Rep:
?
#3
Report Thread starter 1 year ago
#3
Well, I'm talking about unlawful act manslaughter (where threatening to kill may be the base offence). Intent refers to...the defendant made threats to kill - is this considered sufficient to satisfy the mens rea?
0
reply
Notoriety
Badges: 22
Rep:
?
#4
Report 1 year ago
#4
The MR for unlawful act is the MR of the base offence.

Under s16 of OAPA, the MR for threats to kill is "intending that that other would fear it would be carried out". It is not, as you suggest, "the defendant made threats to kill".
0
reply
a.little.bird
Badges: 14
Rep:
?
#5
Report 1 year ago
#5
(Original post by Hannahrae)
I’m a little confused on this, not sure if you can argue both sides equally or one stands out a lot more...

If a person threats to kill another, and they die of a heart attack through fear, would the defendant be guilty of voluntary or involuntary manslaughter? I understand that saying it does imply intent, but he may not have intended to act upon it.
Help pls ❤️
Probably involuntary/unlawful act manslaughter, because voluntary manslaughter is murder with a partial defence. However, you must consider the ruling in R v Dawson and others. A defendent would only be liable if they knew the victim had a heart problem at the time they committed the offence.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Should there be a new university admissions system that ditches predicted grades?

No, I think predicted grades should still be used to make offers (738)
33.92%
Yes, I like the idea of applying to uni after I received my grades (PQA) (929)
42.69%
Yes, I like the idea of receiving offers only after I receive my grades (PQO) (413)
18.98%
I think there is a better option than the ones suggested (let us know in the thread!) (96)
4.41%

Watched Threads

View All