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Chapter

Cover Essential Cases: Criminal Law

R v Kennedy [2008] 1 AC 269, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kennedy [2008] 1 AC 269, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Kennedy [2008] 1 AC 269, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kennedy [2008] 1 AC 269, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

14. Involuntary manslaughter  

David Ormerod and Karl Laird

This chapter explores involuntary manslaughter in its three forms: unlawful act manslaughter, gross negligence manslaughter and reckless manslaughter. Given the breadth of cases that involuntary manslaughter must cover, it is not surprising that more than one form of the offence has evolved, and that the elements of each form of involuntary manslaughter are distinct, particularly as to the fault required. The chapter examines recent developments, in particular those relating to gross negligence manslaughter and whether the offence is contrary to Art 7 of the European Convention on Human Rights. It concludes with a detailed assessment of the Corporate Manslaughter and Corporate Homicide Act 2007.

Chapter

Cover Casebook on Tort Law

9. Defences to negligence  

This chapter considers three defences. It begins with a discussion of the principle of contributory negligence. It presents cases showing that the rules for establishing contributory negligence on the part of the claimant are not the same as the rules for establishing liability for negligence on the part of the defendant. It then turns to voluntary assumption of the risk or consent (sometimes referred to as volenti non fit injuria) which provides a complete defence to an action. The defence is based on the view that a person cannot sue if he consents to the risk of damage. Finally, the chapter considers the defence of illegality, which arises when the tortious action is in the context of the claimant’s and/or defendant’s participation in an unlawful act.

Chapter

Cover Partnership and LLP Law

15. Decision-Making  

This chapter explains how an LLP makes decisions, identifying the sorts of decisions that require unanimity and the sorts of decisions that can be decided by a majority. It considers how a decision-making power must be exercised, and the extent to which fetters such as good faith, rationality and natural justice will impact on the decision-making process. Lastly, it considers what the consequences of an unlawful decision are.

Chapter

Cover Criminal Law Concentrate

8. Homicide II  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. An unlawful homicide committed without the mens rea for murder is involuntary manslaughter. This chapter discusses the three classes of involuntary manslaughter: reckless manslaughter; unlawful act manslaughter; and gross negligence manslaughter. Both unlawful act manslaughter and gross negligence are notable for the low level of mens rea required. Indeed, with gross negligence manslaughter the defendant may not even have foreseen the risk of death and yet may still be convicted of manslaughter.

Chapter

Cover Criminal Law Directions

6. Involuntary manslaughter  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the main types of involuntary manslaughter: unlawful act manslaughter, gross negligence manslaughter, and reckless manslaughter, as well as the offence of corporate manslaughter. Unlawful act manslaughter arises where the defendant intentionally commits an unlawful act which a reasonable person would recognise exposes the victim to the risk of some harm and the victim dies as a result. Gross negligence manslaughter arises where the defendant causes the death of the victim through the breach of a duty of care owed to that victim.

Chapter

Cover Complete Criminal Law

5. Involuntary and corporate manslaughter  

This chapter examines the provisions of criminal law for involuntary manslaughter in England and Wales, explaining that involuntary manslaughter may be caused by recklessness, gross negligence, or unlawful and dangerous acts. It considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several cases. The chapter explains the principle of corporate liability, highlighting problems in prosecuting a corporation for a serious crime, and explains the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in England and Wales. It also provides several examples of relevant cases and analyses the bases of court decisions in each of them.

Chapter

Cover Criminal Law

9. Homicide  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’, the penalty being life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary manslaughter. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present, reducing his culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing an unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. One of the chapter’s ‘The law in context’ features examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council. A new ‘The law in context’ feature analyses the relevance of domestic abuse for the defences available to a woman charged with murdering her abusive partner.

Chapter

Cover Concentrate Questions and Answers Employment Law

11. Statutory rights regulating the employment relationship  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory rights regulating the employment relationship. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory rights including protections regarding working time such as the right to annual leave and rest breaks, whistle-blowing, and rights regarding lay-offs. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

9. Involuntary manslaughter  

This chapter examines those types of manslaughter committed where the defendant lacks the mens rea for murder—called involuntary manslaughter. It considers whether the unlawful act manslaughter offence is too wide because there is minimal subjective fault required; whether the unlawful act manslaughter offence is too vague; whether a supplier of drugs can be liable for manslaughter if V dies from having taken them; and whether gross negligence manslaughter infringes the European Convention on Human Rights (ECHR).

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

15. Illegality  

This chapter explores the illegality of contracts. Contracts which may fall within the scope of the restraint of trade doctrine are considered, including the Court of Appeal’s approach in Proactive Sports Management Ltd v Rooney. The chapter also looks at other reasons why a contract may be declared illegal or void at common law, such as grounds of public policy. Policy factors and the illegality defence are explored in light of recent case law and the Law Commission Final Report ‘The Illegality Defence’. Useful case law illustrations demonstrate how the courts have dealt with the issues surrounding illegality in a range of contexts, such as contracts to commit an unlawful act, contracts promoting sexual immorality, contracts prejudicial to the interests of the state, contracts prejudicial to the administration of justice, and contracts promoting corruption in public life. The rules on severance in light of the Supreme Court decision in Tillman v Egon Zehnder (2019) and subsequent case law are also considered. The consequences and effects of impropriety and illegality are also looked at. The landmark case of Patel v Mirza [2016] UKSC 42, and its impact on the law, is also explored in this chapter.