Chapter 8 Key debates

Homicide II

Topic

‘Reckless manslaughter’

Author/Academic

Findlay Stark

Viewpoint

Looks at the limited case law on reckless manslaughter and argues the offence may not exist.

Source

[2017] Crim LR 767

Topic

‘The duty of care in gross negligence manslaughter’

Author/Academic

Jonathan Herring and Elaine Palser

Viewpoint

Examines the meaning of duty of care in the law of torts and the criminal law; comparing and critiquing case law on each area. Also debates whether it is, and should be, a question for the judge or jury.

Source

[2007] Crim LR 24

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