Criminal Law Lecture 8
Saskia Hufnagel
Introduction
• Difference between involuntary and voluntary manslaughter
• Voluntary – needs intention to kill or cause GBH
• Involuntary – have less than that intention
Three Types of Involuntary Manslaughter
1. Unlawful act manslaughter: D commits a criminal act in dangerous circumstances,
and this causes the death of V.
• Unlawful and dangerous act manslaughter
• Constructive manslaughter
o It builds on a criminal act
o Must have committed a criminal act and must have intention as to
that particular criminal act and not in relation to the manslaughter or
killing
o Constructed on another criminal offence
o Will be committed if the criminal act is dangerous and causes the
death of a victim
• A lot of case law on this
• Omission cannot be brought under constructive manslaughter
2. Gross negligence manslaughter: D causes V’s death through criminal negligence.
• D causes (needs causation) causes the victims death through criminal
negligence
• The defendant will likely be doctors, employers, parents et cetera in those
cases
• Usually to people who brings a service to society
• Making people liable for something good they do for society
• Standards are there
• Can include omissions
• Needs a duty of care to be breached
• Risk of causing death
• Mens rea
o Jury have to be satisfied that the act or omission was so bad
o The jury will decide whether your act was so bad that you will be
convicted of manslaughter
3. Reckless manslaughter: D causes V’s death, reckless as to that result.
• Not that relevant
• D causes the victim’s death and is reckless as to that result
• Similar to gross negligence manslaughter
• Anything that doesn’t fit into murder could potentially end up in reckless
manslaughter
• If you don’t have the virtual certainty, it will fall into reckless manslaughter
• When you are not certain there is virtual certainty
• More of a “catchall” category
Saskia Hufnagel
Introduction
• Difference between involuntary and voluntary manslaughter
• Voluntary – needs intention to kill or cause GBH
• Involuntary – have less than that intention
Three Types of Involuntary Manslaughter
1. Unlawful act manslaughter: D commits a criminal act in dangerous circumstances,
and this causes the death of V.
• Unlawful and dangerous act manslaughter
• Constructive manslaughter
o It builds on a criminal act
o Must have committed a criminal act and must have intention as to
that particular criminal act and not in relation to the manslaughter or
killing
o Constructed on another criminal offence
o Will be committed if the criminal act is dangerous and causes the
death of a victim
• A lot of case law on this
• Omission cannot be brought under constructive manslaughter
2. Gross negligence manslaughter: D causes V’s death through criminal negligence.
• D causes (needs causation) causes the victims death through criminal
negligence
• The defendant will likely be doctors, employers, parents et cetera in those
cases
• Usually to people who brings a service to society
• Making people liable for something good they do for society
• Standards are there
• Can include omissions
• Needs a duty of care to be breached
• Risk of causing death
• Mens rea
o Jury have to be satisfied that the act or omission was so bad
o The jury will decide whether your act was so bad that you will be
convicted of manslaughter
3. Reckless manslaughter: D causes V’s death, reckless as to that result.
• Not that relevant
• D causes the victim’s death and is reckless as to that result
• Similar to gross negligence manslaughter
• Anything that doesn’t fit into murder could potentially end up in reckless
manslaughter
• If you don’t have the virtual certainty, it will fall into reckless manslaughter
• When you are not certain there is virtual certainty
• More of a “catchall” category
