R v Larkin
1943 · KB 174
Posted By lanbuk.com
- Facts
- Larkin found his mistress with another man. He produced a razor, which he said he meant to use only to frighten the man. The woman, who was drunk, swayed against the razor. Her throat was cut and she died. He did not intend to kill her.
- Issue
- Is an unlawful and dangerous act enough for manslaughter, without an intention to kill?
- Held
- The was upheld. If the act is unlawful and, at the same time, dangerous, in the sense that it is likely to injure someone, and it causes death, the offence is manslaughter.
- Principle
- Constructive manslaughter does not require . It requires an unlawful act that is dangerous, and death caused by that act.
- Why it matters
- Church and Newbury confirm that the danger is judged objectively.
Words and Latin in this note
- Malice aforethought
- The mental element of murder: an intention to kill, or an intention to cause grievous bodily harm. It need not be planned in advance. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.