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R v Lowe [1973] QB 702 Court of Appeal


The appellant's child died from neglect. The trial judge directed the jury that if they found him guilty of the offence of neglect they must also find him guilty of manslaughter on the grounds that neglect was an unlawful act. The jury convicted him of both neglect and manslaughter.

Held:

Appeal allowed. For constructive manslaughter there must be an unlawful 'act'. The offence could not be committed by an omission.
 
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