Manslaughter

Question 1

What are the two types of manslaughter drawn from common law?

Answer 1

Voluntary manslaughter

Involuntary manslaughter

Question 2

Define voluntary manslaughter

Answer 2

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

Question 3

Define involuntary manslaughter

Answer 3

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

Question 4

Manslaughter includes culpable homicide that:

Answer 4

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

Question 5

When you are considering what charge to file after someone has been killed in a sudden fight, what issues do you need to consider?

Answer 5

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

Question 6

If homicide arose out of self defence:

Answer 6

The def should be acquitted

Question 7

If homicide arose out of a suicide pact:

Answer 7

The charge should be manslaughter

Question 8

Manslaughter by unlawful act

What is the 4 point test for proving an unlawful act for manslaughter?

Answer 8

(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

Question 9

Manslaughter by negligence
Includes negligence while in charge of or using:

Answer 9

Trains
Factory machinery
Mines
Motor vehicles
Ships
Weapons
Administering medical or surgical treatment

Question 10

Three examples of manslaughter by negligence:

Answer 10

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

Question 11

Negligent drivers

Juries reluctant to convict negligent drivers so alternative offences formulated:

Answer 11

Careless driving causing death
Dangerous driving causing death
Reckless driving causing death
Consult with legal section

Question 12

Gross negligence

What is the major departure test?

Answer 12

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

Question 13

Gross negligence

What is the objective test?

Answer 13

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

Question 14

What is the punishment for manslaughter?

Answer 14

Sec 177

Life Imprisonment