CRIMINAL LAW
INVOLUNTARY MANSLAUGHTER
Where D commits the AR of murder (causing death) without possessing the required
MR (malice aforethought).
Basic Reading:
Herring, Chapter 5 and another textbook on involuntary manslaughter.
Further Reading:
Gardner, ‘Manslaughter by Gross Negligence’ (1995) 111 LQR 22.
Herring & Palser, ‘The Duty of Care in Gross Negligence Manslaughter’ [2007] Criminal
Law Review 24.
Keating, ‘The Law Commission Report on Involuntary Manslaughter: The Restoration of a
Serious Crime’ [1996] Criminal Law Review 535.
Law Commission, Murder, Manslaughter and Infanticide (LC Report 304:2006).
Mitchell, ‘Distinguishing Between Murder and Manslaughter in Practice’ (2007) 30
Criminal Law Journal 318.
Mitchell ‘More thoughts about Unlawful and Dangerous Act Manslaughter and the One
Punch Killer’ [2009] Criminal Law Review 502.
Quick, ‘Prosecuting Gross Negligence Manslaughter, Discretion and the Crown
Prosecution Service’ (2006) 33 Journal of Law and Society 421.
Quick, ‘Medicine, Mistakes and Manslaughter: a Criminal Combination’ (2010) 69
Cambridge Law Journal 161.
Stallworthy, ‘Can Death by Shock be Manslaughter’ (1986) 136 NLJ 51.
Forms of Involuntary Manslaughter:
There are three forms of involuntary manslaughter:
1. Constructive Manslaughter or Manslaughter by Unlawful and Dangerous Act,
2. Gross Negligence Manslaughter and
3. Subjective Reckless Manslaughter.
1
, Constructive Manslaughter/Manslaughter by Unlawful and Dangerous
Act
Establishing Liability:
To establish liability for Constructive Manslaughter the prosecution must prove that:
A. D committed an unlawful act;
B. The unlawful act was dangerous; and
C. That the unlawful and dangerous act caused the death of the victim.
See A-G’s Ref (No.3 of 1994) [1997] 3 WLR 421
A. ‘Unlawful Act’
The prosecution should make it clear what unlawful act is being relied on – Jennings [1990]
Criminal Law Review 588
The unlawful act must be a crime
Franklin (1893) 15 Cox CC 163
R v Dhaliwal [2006] EWCA Crim 1139.
Andrews v DPP [1937] AC 576
Alliston 22 August 2017.
There is some confusion as to whether an omission will suffice:
R v Senior [1899] 1 QB 283
R v Lowe [1973] QB 702 - Lord Phillmore stated:
if I strike a child in a manner likely to cause harm it is right that, if the child dies, I may be
charged with manslaughter. If, however, I omit to do something with the result that it suffers
2
INVOLUNTARY MANSLAUGHTER
Where D commits the AR of murder (causing death) without possessing the required
MR (malice aforethought).
Basic Reading:
Herring, Chapter 5 and another textbook on involuntary manslaughter.
Further Reading:
Gardner, ‘Manslaughter by Gross Negligence’ (1995) 111 LQR 22.
Herring & Palser, ‘The Duty of Care in Gross Negligence Manslaughter’ [2007] Criminal
Law Review 24.
Keating, ‘The Law Commission Report on Involuntary Manslaughter: The Restoration of a
Serious Crime’ [1996] Criminal Law Review 535.
Law Commission, Murder, Manslaughter and Infanticide (LC Report 304:2006).
Mitchell, ‘Distinguishing Between Murder and Manslaughter in Practice’ (2007) 30
Criminal Law Journal 318.
Mitchell ‘More thoughts about Unlawful and Dangerous Act Manslaughter and the One
Punch Killer’ [2009] Criminal Law Review 502.
Quick, ‘Prosecuting Gross Negligence Manslaughter, Discretion and the Crown
Prosecution Service’ (2006) 33 Journal of Law and Society 421.
Quick, ‘Medicine, Mistakes and Manslaughter: a Criminal Combination’ (2010) 69
Cambridge Law Journal 161.
Stallworthy, ‘Can Death by Shock be Manslaughter’ (1986) 136 NLJ 51.
Forms of Involuntary Manslaughter:
There are three forms of involuntary manslaughter:
1. Constructive Manslaughter or Manslaughter by Unlawful and Dangerous Act,
2. Gross Negligence Manslaughter and
3. Subjective Reckless Manslaughter.
1
, Constructive Manslaughter/Manslaughter by Unlawful and Dangerous
Act
Establishing Liability:
To establish liability for Constructive Manslaughter the prosecution must prove that:
A. D committed an unlawful act;
B. The unlawful act was dangerous; and
C. That the unlawful and dangerous act caused the death of the victim.
See A-G’s Ref (No.3 of 1994) [1997] 3 WLR 421
A. ‘Unlawful Act’
The prosecution should make it clear what unlawful act is being relied on – Jennings [1990]
Criminal Law Review 588
The unlawful act must be a crime
Franklin (1893) 15 Cox CC 163
R v Dhaliwal [2006] EWCA Crim 1139.
Andrews v DPP [1937] AC 576
Alliston 22 August 2017.
There is some confusion as to whether an omission will suffice:
R v Senior [1899] 1 QB 283
R v Lowe [1973] QB 702 - Lord Phillmore stated:
if I strike a child in a manner likely to cause harm it is right that, if the child dies, I may be
charged with manslaughter. If, however, I omit to do something with the result that it suffers
2
