The offence of manslaughter exists as a 'catch-all' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'accidental' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and puts forward two possible models for reform.The first half of the book deals with issues specific to different activities, which may or may not justify the creation of offences specific to death caused in pursuit of them. The second half deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences, and includes a comparative chapter on Australian law. The work includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas.
Author(s): C.M.V. Clarkson and Sally Cunningham
Year: 2008
Language: English
Pages: 256
Contents......Page 6
List of Tables......Page 8
Notes on Contributors......Page 10
1 Introduction......Page 14
2 Homicide Reform and the Changing Character of Legal Thought......Page 24
3 The Limits of Manslaughter......Page 48
4 Whose Luck Is It Anyway?......Page 74
5 Corporate Manslaughter: Need for a Special Offence?......Page 92
6 Vehicular Homicide: Need for a Special Offence?......Page 110
7 Mum’s Not the Word: An Analysis of Section 5, Domestic Violence, Crime and Victims Act 2004......Page 138
8 Medical Killing: Need for a Specific Offence?......Page 168
9 Dealing with Drug-induced Homicide......Page 190
10 Manslaughter Versus Special Homicide Offences: An Australian Perspective......Page 212
11 ‘Manslaughter’: Generic or Nominate Offences?......Page 248
C......Page 262
D......Page 263
H......Page 265
M......Page 266
R......Page 267
V......Page 268
W......Page 269