Involuntary Manslaughter

Question 1

What are the 2 involuntary manslaughter offences?

Answer 1

Unlawful act manslaughter

Manslaughter by gross negligence

Consider when D has caused death of a human being but prosecution cannot prove MR of murder

Question 2

What is the offence of unlawful act manslaughter?

Answer 2

To intentionally commit an an act which was unlawful and dangerous which inadvertently caused death

eg. D intentionally injecting V with heroin, which leads to V’s fatal overdoes

Question 3

What are the 4 requirements for unlawful act manslaughter?

Answer 3

1. D intentionally commits an act
2. The act is unlawful (show D had AR & MR of intent/recklessness offence)
3. The act is dangerous (largely objective)
4. The dangerous unlawful act causes the death (causation)

Question 4

Unlawful act manslaughter - 1. The defendant intentionally commits an act

What does the defendant have to intend, & will this be satisfied by an omission?

Answer 4

To do the act itself (not cause death)

Act must be positive - cannot be based on an omission or negligence

Question 5

Unlawful act manslaughter - 2. The act is unlawful

What has to be proved for this requirement?

Answer 5

That the defendant committed a criminal act → must have the AR & MR of the underlying offence

The offence must be one with the MR of intent or recklessness

Nb. act doesn’t need to be aimed at ultimate victim, can use transferred malice

Question 6

Unlawful act manslaughter - 3. The unlawful act is dangerous

How is this assessed?

Answer 6

Act is dangerous if the reasonable person foresees the risk of some harm (ie. judged objectively)

• Doesn’t need to be the serious harm that actually occurred
• Jury will take into account the knowledge of D at the time or what they should have known at the time (ie. would be obvious to the reasonable person)

Question 7

What is the offence of manslaughter by gross negligence?

Answer 7

The defendant owed the victim a duty of care which has been breached causing the death of the victim and the breach amounted to gross negligence

Question 8

What are the 5 elements of gross negligence manslaughter?

Answer 8

1. Defendant owed the victim a duty of care (normal negligence rules - can be act or omission)
2. Defendant breached that duty (normal negligence rules - did they fall below the standard of the reasonable person in that situation)
3. The breach caused the death of the victim (causation)
4. It was reasonably foreseeable that the breach could cause death (was it obvious at the time of the breach?)
5. The breach amounts to gross negligence (negligence to such a degree that it is deserving of criminal punishment)

Question 9

What is gross negligence?

Answer 9

Negligence to such a degree that it amounts to a crime which is deserving of punishment → risk of death must be serious & obvious

(Just proving negligence in bringing about someone’s death isn’t sufficient)