\CRIMINAL LAW
INVOLUNTARY MANSLAUGHTER
Where D commits the AR of murder (causing death) without possessing the required
MR (malice aforethought). No mens rea in involuntary manslaughter.
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.
3. Subjective Reckless Manslaughter.
1
INVOLUNTARY MANSLAUGHTER
Where D commits the AR of murder (causing death) without possessing the required
MR (malice aforethought). No mens rea in involuntary manslaughter.
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.
3. Subjective Reckless Manslaughter.
1
