Involuntary manslaughter
Involuntary manslaughter- no intent to kill or cause serious harm but other element leading
to some criminal liability for the death.
‘Of all crimes manslaughter appears to afford most difficulties in definition… the law recognises
murder on one hand based mainly…. On an intention to kill and manslaughter on the other based
mainly…. on the absence of intent to kill but with the presence of an element of unlawfulness which
is the elusive factor’- Lord Atkin, Andrews v DPP.
ELEMENT OF UNLAWFULNESS:
1. Subjective reckless manslaughter.
2. Unlawful act or constructive manslaughter.
3. Gross negligence manslaughter.
In England all invol manslaughter is common law based.
Subjective reckless manslaughter:
Lidar [2000]- d foresaw a risk that it was highly probable that v would suffer serious injury
and took that risk unjustifiably. Does this type of manslaughter exist at all?
Ormerod and laird ‘smith and hogan’s criminal law’ vs stark ‘reckless manslaughter [2017]’
Unlawful act manslaughter:
3 requirements-
o D performed a criminal act.
o Unlawful act ‘caused’ the death.
o Unlawful act was dangerous.
Lord Salmon in DPP v Newbury and jones.
CRIMINAL ACT:
Must be criminal offence not a tort- Franklin.
Identify specific offence prosecution are relying on. Which offence might d have been
charged with if v hadn’t died? Often assault.
Not an act which has become unlawful merely because it was negligently performed- DPP v
Andrews.
An act not an omission- Lowe.
Not possession or supply of drugs- Kennedy.
Basic principles- proof of AR and MR+ absence of a defence (valid consent or self-defence)
UNLAWFUL ACT CAUSING DEATH:
Crime and death must be connected.
Committed criminal offences.
Have also caused death.
DANGEROUS:
Objective test.
Involuntary manslaughter- no intent to kill or cause serious harm but other element leading
to some criminal liability for the death.
‘Of all crimes manslaughter appears to afford most difficulties in definition… the law recognises
murder on one hand based mainly…. On an intention to kill and manslaughter on the other based
mainly…. on the absence of intent to kill but with the presence of an element of unlawfulness which
is the elusive factor’- Lord Atkin, Andrews v DPP.
ELEMENT OF UNLAWFULNESS:
1. Subjective reckless manslaughter.
2. Unlawful act or constructive manslaughter.
3. Gross negligence manslaughter.
In England all invol manslaughter is common law based.
Subjective reckless manslaughter:
Lidar [2000]- d foresaw a risk that it was highly probable that v would suffer serious injury
and took that risk unjustifiably. Does this type of manslaughter exist at all?
Ormerod and laird ‘smith and hogan’s criminal law’ vs stark ‘reckless manslaughter [2017]’
Unlawful act manslaughter:
3 requirements-
o D performed a criminal act.
o Unlawful act ‘caused’ the death.
o Unlawful act was dangerous.
Lord Salmon in DPP v Newbury and jones.
CRIMINAL ACT:
Must be criminal offence not a tort- Franklin.
Identify specific offence prosecution are relying on. Which offence might d have been
charged with if v hadn’t died? Often assault.
Not an act which has become unlawful merely because it was negligently performed- DPP v
Andrews.
An act not an omission- Lowe.
Not possession or supply of drugs- Kennedy.
Basic principles- proof of AR and MR+ absence of a defence (valid consent or self-defence)
UNLAWFUL ACT CAUSING DEATH:
Crime and death must be connected.
Committed criminal offences.
Have also caused death.
DANGEROUS:
Objective test.
