Involuntary manslaughter

Question 1

Constructive Manslaughter/Unlawful act manslaughter - Requirements

Answer 1

For constructive manslaughter the defendant must:
1) Do an unlawful act - must have the mens rea for that act
2) Which is dangerous
3) Which causes the victim’s death (issue of causation for murder)

Question 2

Constructive manslaughter/Unlawful act manslaughter - The unlawful act

Answer 2

The defendant must have committed a crime requiring proof of intention or recklessness - will usually be an assault but can be criminal damage, bugarly or theft. Negligence will not suffice and neither will be an omission.

Question 3

Constructive manslaughter/Unlawful act manslaughter - The unlawful act must be dangerous

Answer 3

Dangerous means that the act carries the risk of some harm to some person. Whether all sober and reasonable people would think the act was dangerous

Question 4

Manslaughter by gross negligence - Definition

Answer 4

The negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others

Question 5

Manslaughter by gross negligence - Requirements

Answer 5

1) A duty of care owed by the defendant to the victim
2) A breach of that duty of care
3) A risk that the defendant’s conduct could cause death - reasonable person would have foreseen a serious and obvious risk not merely injury or even serious injury but of death.
4) Evidence that the breach of duty did cause the death of the victim
5) A jury’s conclusion that the defendant fell so far below the standards of the reasonable person in that situation

Question 6

Manslaughter by gross negligence - Omissions

Answer 6

General principles with regard to omissions apply to manslaughter by gross negligence - one would be liable for failing to act where there was a duty to do so. Must be a duty of care.