6. Involuntary manslaughter
6.1 Unlawful act manslaughter
arises when defendant intentionally commits unlawful act which reasonable
person would recognise exposes victim to risk of harm
‘constructive manslaughter’
defendant's liability for manslaughter constructed out of liability for
lesser offence
Larkin (1944)
involved commission of unlawful act which inadvertently causes death
defendant need not intend to kill or foresee death
no requirement defendant knows act is unlawful and dangerous
offences assessed objectively
reasonable person must merely recognise risk of harm
intentional act
where defendant’s act was intentional they are guilty of murder not
manslaughter
defendant must intentionally engage in positive act
negligent omission will not suffice
Lowe [1973]
don’t need intention - can be recklessness
both types of mens rea
accident = no recklessness
unlawful act
must be criminal offence
Fenton (1830)
6. Involuntary manslaughter 1
6.1 Unlawful act manslaughter
arises when defendant intentionally commits unlawful act which reasonable
person would recognise exposes victim to risk of harm
‘constructive manslaughter’
defendant's liability for manslaughter constructed out of liability for
lesser offence
Larkin (1944)
involved commission of unlawful act which inadvertently causes death
defendant need not intend to kill or foresee death
no requirement defendant knows act is unlawful and dangerous
offences assessed objectively
reasonable person must merely recognise risk of harm
intentional act
where defendant’s act was intentional they are guilty of murder not
manslaughter
defendant must intentionally engage in positive act
negligent omission will not suffice
Lowe [1973]
don’t need intention - can be recklessness
both types of mens rea
accident = no recklessness
unlawful act
must be criminal offence
Fenton (1830)
6. Involuntary manslaughter 1
