Manslaughter (Homicide - Core principles of criminal liability) Flashcards
(8 cards)
What are the three main types of manslaughter recognised under English criminal law?
(1) Voluntary manslaughter due to partial defences (loss of control, diminished responsibility, suicide pact);
(2) Involuntary manslaughter by gross negligence
(3) Involuntary manslaughter by unlawful and dangerous act.
What is the key distinction between murder and voluntary manslaughter?
In voluntary manslaughter, the killing was intentional, but a partial defence (e.g. loss of control) reduces the offence from murder.
What elements are required for gross negligence manslaughter?
A duty of care, a breach of that duty, a risk of death from the breach, causation, and conduct that is grossly negligent to justify criminal liability.
What is involuntary manslaughter by unlawful and dangerous act, and when does it apply?
It applies where the defendant intentionally performs an unlawful act that is dangerous, and that act unintentionally causes death.
Must the defendant in unlawful act manslaughter foresee the risk of death?
No, the prosecution must prove that a reasonable person would recognise the act as dangerous; subjective foresight of death is not required.
Does unlawful act manslaughter require the act to be aimed at a person?
No. The unlawful act can be directed at property or otherwise, so long as it is criminal and dangerous in nature.
Why was the man who set fire to an unoccupied-looking caravan guilty of involuntary manslaughter?
Because he intentionally committed the unlawful and dangerous act of arson, and the resulting death made out the offence, even if he didn’t foresee it.
In unlawful act manslaughter, is it relevant whether the accused intended to harm someone?
No. It is enough that the accused committed an unlawful and dangerous act, and someone died as a result.
