Manslaughter

Question 1

What is the difference between voluntary and involuntary manslaughter?

Answer 1

Voluntary: Defendant may have had intent to kill or cause GBH (e.g. a suicide pact)

Involuntary: Defendant had no intent to kill or causes GBH, but the death was caused by an unlawful act or gross negligence

Question 2

Test for unlawful act

Answer 2

(1) Defendant must intentionally do an act
(2) Act must be unlawful
(3) Act must be dangerous
(4) Act must cause death

Question 3

Gross Negligence - s150A(1)

Answer 3

Prosecution must prove a very high degree of negligence

With having regard to the risk of death, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission

Question 4

Standard of care applicable - s150A

Answer 4

A person is criminally responsible for:
- Omitting to discharge or perform a legal duty, or
- Performing an unlawful act
IF in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies / who performs that unlawful act

Question 5

Major Departure Test (objective test)

Answer 5

All of the circumstances must be considered and a defendant’s state of mind may be relevant to whether there was gross negligence