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manslaughter (sheet 1) - Coggle Diagram

- - - - i.e., the person with the 'unclouded reasoning power of a healthy and reasonable person' Willis
      - some subjective factors can be attriuted to RP: because it's the reasonable person int he position of the defendant
        
        not idiosyncractic or ephemeral mental state of D: Wills
        
        Position of D: Physical features of the situaiton and action of D invovled: Willis
        
        same age as D: Ty [2006] 14 VR 430
        
        In the D's position: Cormelissen [2004] NSWCCA 449
  - - - same matters in murder
    - - same matters in murder
      - the unlawful act must cause the death
        
        offender provided an illegal drug and the victim self-adminsitrated the drug and died. the supply of drug didn't cause death, self administration did (Burns [2012] HCA 35)
    - - not just breach statutory/regulatory prohibition, civil law: Premble.v R;Pullman (1991) 58 A Crim R 222 (CB p 771) - something 'unlawful' about it
        
        minor driving offences and self defence are not unlawful