This scenario raises a number of issues surrounding manslaughter and when someone is criminally liable, therefore responsible, for the death of another person. In this given situation it is right to first establish that the manslaughter was not an act of voluntary manslaughter – there was no mens rea (intent) on the part of either Keeler or Brown to kill or cause serious harm to Flemming. There is a possibility that the defendants could be criminally liable of involuntary manslaughter. This could arise by either an unlawful act or dangerous act; or by recklessness (a reckless act) on the part of the defendant; or by gross negligence, arising from a breach of duty of care or an omission of a duty to act.
The first point to determine is which of the three forms of involuntary manslaughter the defendants may be criminally liable under. There is no way from the evidence that Brown woul…(short extract)

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