5. Involuntary Manslaughter

Question 1

When is it relevant to consider involuntary manslaughter?

Answer 1

If D has caused the death of a human being but the prosecution cannot prove the mens rea for murder (intention to cause GBH / murder)

Question 2

Two types of involuntary manslaughter

Answer 2

1. Unlawful Act Manslaughter
2. Gross Negligence Manslaughter

Question 3

Unlawful Act Manslaughter: AR and MR

Answer 3

Apply the AR and MR of the unlawful act
- the crime must have an MR of intention or recklessness
- must be an act not omission

Question 4

What crimes cannot form the basis for unlawful act manslaughter

Answer 4

• Strict liability crimes (because, no MR)
• negligence (because this can be an omission)
• s 18: wounding or grievous bodily harm with intent - as this will satisfy the MR for murder

Question 5

Proving Unlawful Act Manslaughter: what more needs to be shown besides AR and MR

Answer 5

1. That the act was dangerous
   - objective assessment of risk to someone
   - jury will assume knowledge D had or should have had at the time of the offence
2. Caused Death
   - causation

Question 6

Gross Negligence Manslaughter: What must be established

Answer 6

1. D owed the victim a duty of care
2. D breached that duty (act or omission)
   - whether D fell below standard of reasonable person
3. Risk of death?
   - obvious and serious (objectuve)
4. Did the breach ‘cause’ the death of the victim?
5. Was D’s conduct ‘grossly’ negligent
   - bad enough to deserve criminal punishment

Question 7

Unlawful Act Manslaughter: What does it mean for the act to be ‘dangerous’?

Answer 7

The act must be one that ‘all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm…albeit not serious harm’.

Question 8

Unlawful act manslaughter: is the test for ‘dangerousness’ objective or subjective?

Answer 8

Objective (reasonable person would view it as dangerous)