Manslaughter

Question 1

Common law draws a further distinction between:

Answer 1

• Voluntary manslaughter
• INvoluntary manslaughter

Question 2

Explain Voluntary Manslaughter:

Answer 2

Mitigating circumstances, auch as a suicide pact

Question 3

Explain Involuntary Manslaughter:

Answer 3

Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. No intention to kill or cause GBH.

Question 4

It is crucial to consider these issues if you are to decide the way in which a killing should be viewed:

Answer 4

whether there was:

• if it was justified as having arisen out of self defence (s48)
• the requisite mens rea for a murder charge

Question 5

Four point test for proving an unlawful act for manslaughter:

Answer 5

1. Intentionally do an act
2. Act must be unlawful
3. Act must be dangerous
4. Act must cause death

Question 6

Example of manslaughter by negligence:

Answer 6

Negligence while in charge of:

• mines
• machinery
• vehicles
• surgical treatment

Question 7

What should you take into account when deciding on a charge for negligent drivers?

Answer 7

• The facts about the case
• Degree of negligence

Question 8

What must the prosecution prove for a conviction of manslaughter?

Answer 8

A very high degree of negligence or gross negligence.

Question 9

Explain Section 150A - Standard of care applicable to persons under legal duties

Answer 9

Criminally responsible for omitting to discharge or perform legal duty, or performing an unlawful act, if the omission or unlawful act is a major departure from the standard of care expected

Question 10

Explain the ‘major departure’ test outlined in Section 150A?

Answer 10

Requires a high degree of negligence.

Where a negligent omission results in endangerment.

Question 11

Explain the objective test with gross negligence

Answer 11

A defendants state of mind is not a prerequisite to conviction for manslaughter by gross negligence