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Cat/pigeons, walking into a road not at the crossing and without due care and attention for traffic is also reckless, no?
http://www.cps.gov.uk/legal/h_to_k/homicide_murder_and_manslaughter/#unlawful
For involuntary act manslaughter, four points need to be established:
- that the accused has committed an unlawful act;
- that the act was the cause of death;
- that the accused intended to commit the act;
- that a sober and reasonable person would recognise that the act carried some risk of harm, however slight
So, they're trying to prove
- brakelessness is unlawful
- that brakelessness was the cause of death
- that the defendant intended to be brakeless
- that brakelessness was obviously dangerous
So arguing for contributory negligence could maybe perhaps be a defence to point 2. Maybe. I studied law donkey's ago, never practised, so I don't really know what'd stand up in court.
- that the accused has committed an unlawful act;
Cat/pigeons, walking into a road not at the crossing and without due care and attention for traffic is also reckless, no?