The present law relating to Involuntary Manslaughter serves neither the defendant nor the criminal justice system. Discuss (50 marks)

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‘The present law relating to involuntary MSL serves neither the defendant nor the criminal justice system’ Involuntary Manslaughter (MSL) is defined as an unlawful killing where the defendant (D) has no malice aforethought express or implied (to kill or cause GBH) which is required for murder. There are 3 ways of committing involuntary MSL: Unlawful Act MSL, Gross negligence MSL and reckless MSL. For D to be liable
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for unlawful (unl) act MSL D must commit an unl act which is dangerous and causes the victim’s (V)’s death. D must also intend to commit the unlawful act. An unl act is defined as a criminal offence. This is illustrated in the case of Franklin 1883) where D was acquitted after throwing a box into the sea which hit and killed a swimmer, as this was held to be a civil wrong which is not enough to create liability. This was also seen in Lamb (1967) where D shot his friend who didn’t think the gun would fire; this ...

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