Involuntary + voluntary manslaughter: overview

Question 1

explain voluntary manslaughter

Answer 1

Murder has been committed (i.e. D intended to kill) but one of the partial defences applies thereby reducing the charge to manslaughter

Question 2

what is the max sentence which can be imposed?

Answer 2

judge has sentencing discretion (could impose life sentence)

Question 3

what are the partial defences re: voluntary manslaughter?

Answer 3

diminished responsibility
loss of control

Question 4

what is the difference between voluntary manslaughter and involuntary manslaughter?

Answer 4

voluntary manslaughter = D does have the AR + MR for murder, however a defence applies.

involuntary manslaughter = D has the AR for murder, but doesn’t have the MR.

Question 5

what are the types of involuntary manslaughter?

Answer 5

unlawful act manslaughter (also called constructive act manslaughter)

gross negligence manslaughter