Manslaughter Flashcards
What are the two types of manslaughter drawn from common law?
Voluntary manslaughter
Involuntary manslaughter
Define voluntary manslaughter
Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause GBH
Define involuntary manslaughter
Unlawful killing where the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause GBH
Manslaughter includes culpable homicide that:
Does not come within sec 167 or 168
Comes within ss 167 and 168 but is reduced to manslaughter because the killing was a part of a suicide pact as defined in sec 180(3) CA61
When you are considering what charge to file after someone has been killed in a sudden fight, what issues do you need to consider?
Self-defence
If the homicide can be justified as having arisen out of self-defence the proper verdict is an acquittal
The requisite mes rea for a murder/manslaughter charge
If the fact there was a fight negates that the defendant had the required mens rea to bring a charge of murder within sec 167, the proper verdict is manslaughter
If homicide arose out of self defence:
The def should be acquitted
If homicide arose out of a suicide pact:
The charge should be manslaughter
Manslaughter by unlawful act
What is the 4 point test for proving an unlawful act for manslaughter?
(1) The def must intentionally do an act
(2) The act must be unlawful
(3) The act must be dangerous
(4) The act must cause death
Manslaughter by negligence
Includes negligence while in charge of or using:
Trains
Factory machinery
Mines
Motor vehicles
Ships
Weapons
Administering medical or surgical treatment
Three examples of manslaughter by negligence:
Someone using a dangerous thing negligently, the consent of the person who subsequently died is no defence. Eg: Deceased agreed to ride on the bonnet of a car driven dangerously by a person knowing the deceased was in that position
If the defendants actions in a lawful game or contest (sport) were likely to cause serious injury
If the deceased contributed to their own death by their own negligence - not a defence for the defendant against manslaughter by negligence. Contributory negligence is no defence
Negligent drivers
Juries reluctant to convict negligent drivers so alternative offences formulated:
Careless driving causing death
Dangerous driving causing death
Reckless driving causing death
Consult with legal section
Gross negligence
What is the major departure test?
Requires a very high degree of negligence or gross negligence
Applies where a negligent omission results in endangerment or injury contrary to Sec 153(2)
Extends to the offences of
Ill treatment or neglect of a child or vulnerable adult and failure to protect a child or vulnerable adult
Gross negligence must be shown whether the case relates to an unlawful act or an omission
Gross negligence
What is the objective test?
The defs state of mind is not a prerequisite to conviction for manslaughter by gross negligence, though may be relevant.
The essence of gross neglect is whether having regard to the risk of death involved, the conduct of the def was so bad in all the circumstances as to amount to a criminal act or omission
What is the punishment for manslaughter?
Sec 177
Life Imprisonment