2. Murder and Manslaughter Offences - Instances of Manslaughter

Question 1

What are the two considerations when you come across a killing that is the result of a sudden fight?

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Answer 1

• self-defence
• the requisite mens rea for a murder charge.

Question 2

What issues should be considered if you are to decide the way in which the killing should be viewed?

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Answer 2

• If the homicide can be justified as having arisen out of self-defence (s48) the proper verdict is an acquittal.
• If the fact there was a fight negates that the defendant had the required mens rea to bring a charge of murder within section 167, the proper verdict is manslaughter.

Question 3

The english matter, Newbury and Jones, outlines a four point test for proving an u/l act for manslaughter. what are those points?

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Answer 3

1. The defendant must intentionally do an act
2. The act must be unlawful
3. The act must be dangerous
4. The act must cause death

Question 4

For manslaughter by negligence provide example one?

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Answer 4

When someone is charged with manslaughter on the basis that they used a dangerous thing riskily or negligently, the consent of the person who subsequently died is no defence. So, it would be no defence against a manslaughter charge to say the deceased agreed to ride on the bonnet of a car you drove dangerously, knowing the deceased was in that position.

Question 5

For manslaughter by negligence provide example two?

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Answer 5

When the death occurs during a lawful game or contest, such as during a football or hockey match, the death is treated as non-culpable homicide unless the defendant’s actions were likely to cause serious injury, in which case the defendant is guilty of manslaughter (see s160).

Question 6

For manslaughter by negligence provide example three?

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Answer 6

Even if the deceased contributed to their own death by their own negligence, this does not afford the defendant a defence against manslaughter by negligence. Contributory negligence is no defence.

Question 7

In respect of negligent drivers what are some considerations?

Answer 7

On occasions, the particular circumstances surrounding the death may include a number of aggravating contributory factors that may indicate that a charge of manslaughter is preferable.

In deciding on the charge and looking at the particular circumstances, take into account the facts of the case and consider the offender’s degree of negligence.