Criminal Law – Involuntary Manslaughter
1. Unlawful or constructive act manslaughter: D commits a criminal act in
dangerous circumstances, and this causes the death of V.
2. Gross negligence manslaughter: D causes V’s death through criminal
negligence.
3. Reckless manslaughter: D causes V’s death, reckless as to that result.
Constructive Manslaughter
Unlawful act (base offence) + objectively dangerous + causing death
AKA Unlawful act manslaughter:
D commits a criminal act in dangerous circumstances, and this causes the
death of V.
Constructive liability – no mens rea requirement as to some of the result
elements – only need to establish the MR of the base offence
› DPP v Newbury [1977]– for liability D must have performed an
intentional act that was unlawful and dangerous and that caused the
death of V
- Two 15-year-old boys threw a paving slab off a railway bridge as a
train approached – the paving slab went through a glass window
on the cab of the train and struck the guard killing him – the boys
were convicted of manslaughter – can a D be properly convicted
of manslaughter when his mind is not affected by drink or drugs if
he did not foresee that his act might cause harm to another? –
there is no requirement that D foresees that some harm will result
from his action
, Unlawful Act
Unlawful act (base offence) + objectively dangerous + causing death
- Andrews v DPP [1937] AC 576 – only offences with some subjective
mens rea requirements can form the base for unlawful act – the
appellant drove a van above the speed limit and overtook another car –
as he did so he struck a pedestrian and killed him – his conviction for
manslaughter was upheld – strict liability offences and cases of
negligence cannot exist in constructive manslaughter
- Lowe [1973] QB 702 – must be intentional and deliberate – the
appellant’s child died from neglect – 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 – he
was convicted of both neglect and manslaughter
- Lamb [1967] 2 QB 981 – no base offence has been committed because
he did not foresee any risk of harming the victim so no MR for the base
offence – two boys were playing with a revolver – there were two bullets
in the chamber but neither were opposite the barrel – they believed that
this meant it would not fire – one of the boys pointed the gun at the
other and fired – as he pulled the trigger the chamber turned and the
gun went off killing the boy – the other was charged with constructive
manslaughter – it was held that there was no unlawful act as no assault
had been committed as the victim did not believe the gun would go off
and therefore did not apprehend immediate unlawful personal violence
- Base offence has to be committed by act not an omission
- Both AR and MR of the base offence
Dangerousness
Edmund Davies J in Church [1996] 1 QB 59:
… the unlawful act must be such that all sober and reasonable people would
inevitably recognise that it must subject the other person to, at least, the risk
of some harm resulting therefrom, albeit not serious harm. – it has to
objectively carry a risk or cause harm – also risk of psychiatric harm but no
emotional or distress
› D had taken a woman to his van for sexual purposes and she mocked
him for failing to satisfy her – during a fist fight between them D
knocked V semi-conscious – thinking she was dead he panicked and
threw V into a river where she died from drowning – D argued that his
act could not have been dangerous in his eyes because throwing a dead
body into a river cannot be dangerous to that body – his appeal was
dismissed
1. Unlawful or constructive act manslaughter: D commits a criminal act in
dangerous circumstances, and this causes the death of V.
2. Gross negligence manslaughter: D causes V’s death through criminal
negligence.
3. Reckless manslaughter: D causes V’s death, reckless as to that result.
Constructive Manslaughter
Unlawful act (base offence) + objectively dangerous + causing death
AKA Unlawful act manslaughter:
D commits a criminal act in dangerous circumstances, and this causes the
death of V.
Constructive liability – no mens rea requirement as to some of the result
elements – only need to establish the MR of the base offence
› DPP v Newbury [1977]– for liability D must have performed an
intentional act that was unlawful and dangerous and that caused the
death of V
- Two 15-year-old boys threw a paving slab off a railway bridge as a
train approached – the paving slab went through a glass window
on the cab of the train and struck the guard killing him – the boys
were convicted of manslaughter – can a D be properly convicted
of manslaughter when his mind is not affected by drink or drugs if
he did not foresee that his act might cause harm to another? –
there is no requirement that D foresees that some harm will result
from his action
, Unlawful Act
Unlawful act (base offence) + objectively dangerous + causing death
- Andrews v DPP [1937] AC 576 – only offences with some subjective
mens rea requirements can form the base for unlawful act – the
appellant drove a van above the speed limit and overtook another car –
as he did so he struck a pedestrian and killed him – his conviction for
manslaughter was upheld – strict liability offences and cases of
negligence cannot exist in constructive manslaughter
- Lowe [1973] QB 702 – must be intentional and deliberate – the
appellant’s child died from neglect – 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 – he
was convicted of both neglect and manslaughter
- Lamb [1967] 2 QB 981 – no base offence has been committed because
he did not foresee any risk of harming the victim so no MR for the base
offence – two boys were playing with a revolver – there were two bullets
in the chamber but neither were opposite the barrel – they believed that
this meant it would not fire – one of the boys pointed the gun at the
other and fired – as he pulled the trigger the chamber turned and the
gun went off killing the boy – the other was charged with constructive
manslaughter – it was held that there was no unlawful act as no assault
had been committed as the victim did not believe the gun would go off
and therefore did not apprehend immediate unlawful personal violence
- Base offence has to be committed by act not an omission
- Both AR and MR of the base offence
Dangerousness
Edmund Davies J in Church [1996] 1 QB 59:
… the unlawful act must be such that all sober and reasonable people would
inevitably recognise that it must subject the other person to, at least, the risk
of some harm resulting therefrom, albeit not serious harm. – it has to
objectively carry a risk or cause harm – also risk of psychiatric harm but no
emotional or distress
› D had taken a woman to his van for sexual purposes and she mocked
him for failing to satisfy her – during a fist fight between them D
knocked V semi-conscious – thinking she was dead he panicked and
threw V into a river where she died from drowning – D argued that his
act could not have been dangerous in his eyes because throwing a dead
body into a river cannot be dangerous to that body – his appeal was
dismissed
