Problem Solving Constructive Manslaughter
1. Alan and Ron are friends who have agreed to spend the evening injecting each other with heroin and water mixes. Ron subsequently becomes unconscious and dies as a result of a drug overdose. Discuss Alan’s criminal liability for the death of Ron.
2.How would your answer differ if Ron had self administered the heroin and water mix prepared by Alan and died as a result of an overdose of heroin?
1) Constructive Manslaughter also refers to as unlawful manslaughter. Constructive Manslaughter is a form of involuntary Manslaughter in that an unlawful killing has taken place where the defendant lack the mens rea of a murder. There are two types of Manslaughter one of which is Constructive Manslaughter which exists when the defendant commits an unlawful dangerous act may result the death and Gross Negligence Manslaughter where the defendant commits an lawful act result in the death.
In this context, Alan is unlikely to be charged with murder as there is no indication of Alan deciding to cause grievous bodily harm to Ron. Alan though may however be more likely to be charged with the offence of Constructive manslaughter. Constructive Manslaughter was defined in (R v Larkin 1944 ) and requires proof of four elements: there must be an intentional act, rather than an omission R v Lowe 1967 which is unlawful, objectively dangerous and which causes death (DPP v Newbury & Jones 1977)
Alan does an intentional act here by injecting Ron with the heroin. This is an unlawful act because it constitutes a criminal offence ( R v Franklin 1883) It is clear for anyone to understand that the effects of excessive drug consumption whether injected into the bloodstream or merely consuming the drug pill per se, could have high possibilities of endangering one’s life leading to the death of one. On the contrary, It was prominently impractical for both Alan and Ron to be jointly engaging in hazardous activities what more to be injecting each other with heroin and water mixes. By
2.How would your answer differ if Ron had self administered the heroin and water mix prepared by Alan and died as a result of an overdose of heroin?
1) Constructive Manslaughter also refers to as unlawful manslaughter. Constructive Manslaughter is a form of involuntary Manslaughter in that an unlawful killing has taken place where the defendant lack the mens rea of a murder. There are two types of Manslaughter one of which is Constructive Manslaughter which exists when the defendant commits an unlawful dangerous act may result the death and Gross Negligence Manslaughter where the defendant commits an lawful act result in the death.
In this context, Alan is unlikely to be charged with murder as there is no indication of Alan deciding to cause grievous bodily harm to Ron. Alan though may however be more likely to be charged with the offence of Constructive manslaughter. Constructive Manslaughter was defined in (R v Larkin 1944 ) and requires proof of four elements: there must be an intentional act, rather than an omission R v Lowe 1967 which is unlawful, objectively dangerous and which causes death (DPP v Newbury & Jones 1977)
Alan does an intentional act here by injecting Ron with the heroin. This is an unlawful act because it constitutes a criminal offence ( R v Franklin 1883) It is clear for anyone to understand that the effects of excessive drug consumption whether injected into the bloodstream or merely consuming the drug pill per se, could have high possibilities of endangering one’s life leading to the death of one. On the contrary, It was prominently impractical for both Alan and Ron to be jointly engaging in hazardous activities what more to be injecting each other with heroin and water mixes. By