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‘Legislating the criminal code: involuntary manslaughter’

The Law Commission

For a detailed analysis of the common law, see in particular Parts III (What

is wrong with the present law) and IV (The moral basis of criminal liability for

unintentionally causing death). You should read this in conjunction with the

2006 report (pp 3–9, 19–24, 50–51, and 61–64), bearing in mind the changes that

have been made in respect of voluntary manslaughter under the Coroners and

Justice Act 2009 (see chapter 7).

Law Com No 237 (1996) and Law Com No 304 (2006)

‘The duty of care in gross negligence manslaughter’

Jonathan Herring and Elaine Palser

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.

[2007] Crim LR 24