Manslaughter Offences

Question 1

Culpable homicide that does not amount to murder 3 types

Answer 1

infanticide
voluntary manslaughter
involuntary manslaughter

Question 2

Voluntary manslaughter

Answer 2

mitigating circumstances such as a suicide pact reduce what would otherwise be murder too manslaughter, even though the defendant may have intended to kill or cause GBH

Question 3

Involuntary manslaughter definition

Answer 3

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

Question 4

When come across a killing in a sidden fight, need to consider where there was:

Answer 4

• self defence
• the requisite mens rea for murder charge
• if the homicide can be justified as having arisen out of self defence, the proper verdict is an acquittal
• if the fact that there was a fight negates the required mens rea for a charge of murder within 167, the proper verdict is manslaughter

Question 5

Four point test for proving an unlawful act for manslaughter

Answer 5

Newbury and Jones
1. the defendant must intentionally do an act
2. the act must be unlawful
3. the act must be dangerous
4. the act must cause death

Question 6

Contributory negligence

Answer 6

if the deceased contributed to their own death by their own negligence, it is not a defence

Question 7

Negligent drivers

Answer 7

alternative offences formulated under LTA:
aggravated, careless, dangerous, reckless driving causing death

Question 8

The major departure test

Answer 8

Requires a high degree f negligence, corresponding to the common law standard of gross negligence.
test also applied where negligent omission results in endangerment or injury

Question 9

Punishment of manslaughter

Answer 9

provided by s177
liable to life imprisonment
however the judge, taking all matters into consideration, may impose anything from a fine to life, depending on the circumstances