Topic 5 - Homicide (2) Flashcards
What is the umbrella term ‘homicide’ in English law?
Homicide is a general term that covers both murder and manslaughter offenses.
When is involuntary manslaughter considered in a case?
Involuntary manslaughter is considered when the prosecution cannot prove the mens rea of murder (intention or recklessness).
Are defendants charged with involuntary manslaughter directly?
No, defendants are never directly charged with involuntary manslaughter. The charge will be either unlawful act manslaughter or gross negligence manslaughter.
What are the two types of involuntary manslaughter?
The two types are unlawful act manslaughter and gross negligence manslaughter.
What must be proven for unlawful act manslaughter?
It must be proven that the defendant committed an unlawful act (e.g., assault, criminal damage) with either intent or recklessness. The act must also be objectively dangerous, meaning it risks harm to someone, and it must cause the victim’s death.
Can unlawful act manslaughter include negligence offenses?
No, unlawful act manslaughter requires the unlawful act to involve intent or recklessness. Negligence offenses cannot be used for this charge.
What is the significance of ‘dangerous’ in unlawful act manslaughter?
‘Dangerous’ refers to an objective assessment of whether a reasonable person would perceive a risk of harm to someone from the defendant’s act.
What are the key requirements for gross negligence manslaughter?
The defendant must have owed a duty of care, breached that duty (through act or omission), and caused the death. There must also be an obvious and serious risk of death, and the breach must be grossly negligent.
What does ‘grossly negligent’ mean in the context of gross negligence manslaughter?
It means the defendant’s conduct was so serious and substandard that it deserves criminal punishment.
What commonality exists between all homicide offenses?
All homicide offenses require proof that the defendant caused the death of a human being.
What is the role of causation in homicide offenses?
Causation must be proven in all homicide offenses, whether it’s murder, voluntary manslaughter, or involuntary manslaughter (unlawful act or gross negligence).
How does unlawful act manslaughter differ from murder?
Unlawful act manslaughter occurs when there is no intent to kill or cause grievous bodily harm (as required for murder), but an unlawful and dangerous act leads to death.
What is required to prove gross negligence manslaughter?
To prove gross negligence manslaughter, the prosecution must show that the defendant owed a duty of care, breached it, caused death, and that the breach was grossly negligent, presenting a serious and obvious risk of death.
