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Manslaughter: s18(1)(b) - Coggle Diagram
Manslaughter: s18(1)(b)
Criminal negligence
- D under Duty of Care ('DOC") for deceased
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Voluntarily assumed care of another and hence exclude person from other aid: Stone & Dobinson; Taktak
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Where D has created a situation of danger by doing dangerous acts or dealing with dangerous things, such as deliberate and voluntary act can translate a moral duty into a legal one - see Nydam and see Taber (2002) 56 NSWLR 443 per Barr J CB 835
By undertaken or assuming the duty - "so secluded the helpless person as to prevent others from rendering aid" - see Stone and Dobinson; Taktak (1988) 14 NSWLR 226 (SC)
- By act/omission D breaches DOC
D must intend to do the act or omission (Nydam, Lavender, Wilson
- D's breach causes or accelerates death
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- D's breach constitutes 'such a great falling short of the standard of care which a reasonalbe man would have exercised
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- 'which involved such a high degree of risk that death or GBH would follow that the doing of the act merited criminal punishment' (Nydam)
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