Reckless MS Flashcards
What is RMS?
Left over from murder are some serious cases that can only be prosecuted as manslaughter.
What happened in Hyam
Hyam: where D foresees a high risk of death/gbh, but does not regard the outcome as certain. At one time murder, but now regarded in law as a high degree of recklessness rather than intent. D will currently be guilty of manslaughter. D set fire to house knowing highly probable kill or cause serious harm. Would be MS today, no longer murder.
What happened in Hussain
D drove off after a collison with a child, but D must have released the child was on the car and might be killed or seriously injured by being dragged along. Convicted of RMS.
D who foresees a lesser risk of death/gbh in circumstances where it is not justifiable to take that risk (‘advertent’ or ‘subjective’ recklessness in the sense laid down in R v G will also be guilty of manslaughter
Why is RMS rarely prosecuted?
Rarely prosecuted at RMS, as would be possible in Hyam for CMS and Hussain for GNM. So, they overshadow MS.
Is a distinct category? The Law Commission has recommended the abolition of reckless manslaughter
Does RMS exist as its now category?
Though ‘reckless manslaughter’ clearly exists as a distinct category, it is rarely considered in practice, as it tends to overlap with the dominant subspecies of Constructive/Gross Negligence Manslaughter.
