Involuntary Manslaughter
All forms of unprovoked killing other than murder fall under the category of involuntary manslaughter. It differs from murder in that there is not "malice aforethought." Manslaughter seems to have the most definitional challenges out of all the crimes because it involves homicide under so many different circumstances.The law recognises manslaughter as a crime based primarily, though not exclusively, on the absence of intent to kill but with the presence of an element of "unlawfulness," which is the elusive factor, and murder as a crime based primarily, though not exclusively, on an intention to kill. Involuntary manslaughter can take two primary forms, which will be discussed in this lecture
Manslaughter by unlawful act (or constructive manslaughter);
Manslaughter by gross negligence.
Learning Outcomes
After reading this lecture and the material referred to, you should be able to:
understand the law relating to involuntary manslaughter;
know and apply the law of unlawful act manslaughter and
comprehend and apply the law of gross negligence manslaughter.
Key Cases
Introduction
Andrews v DPP [1937] AC 576
Constructive or (Unlawful Act) Manslaughter
An intentional act
DPP v Newbury and Jones [1977] AC 500
R v Le Brun [1991] 4 All ER 673
An unlawful act
R v Scarlett [1993] 4 All ER 629
R v Dawson (1985) 81 Cr App R 150
R v Watson [1989] 2 All ER 865
R v Lowe [1973] QB 702
R v Goodfellow (1986) 83 Cr App R 23
R v Cato [1976] 1 All ER 260
R v Corbett [1996] Crim LR 594
Manslaughter by gross negligence
Duty of care
R v Singh [1999] Crim LR 582
R v Wacker [2003] 4 All ER 295
R v Armstrong [1989] Crim LR 149
R v Church [1965] 2 All ER 72
R v Adomako [1994] 3 All ER 79
Attorney-General's Reference (No.2 of 1999) [2000] 3 All ER 182
All forms of unprovoked killing other than murder fall under the category of involuntary manslaughter. It differs from murder in that there is not "malice aforethought." Manslaughter seems to have the most definitional challenges out of all the crimes because it involves homicide under so many different circumstances.The law recognises manslaughter as a crime based primarily, though not exclusively, on the absence of intent to kill but with the presence of an element of "unlawfulness," which is the elusive factor, and murder as a crime based primarily, though not exclusively, on an intention to kill. Involuntary manslaughter can take two primary forms, which will be discussed in this lecture
Manslaughter by unlawful act (or constructive manslaughter);
Manslaughter by gross negligence.
Learning Outcomes
After reading this lecture and the material referred to, you should be able to:
understand the law relating to involuntary manslaughter;
know and apply the law of unlawful act manslaughter and
comprehend and apply the law of gross negligence manslaughter.
Key Cases
Introduction
Andrews v DPP [1937] AC 576
Constructive or (Unlawful Act) Manslaughter
An intentional act
DPP v Newbury and Jones [1977] AC 500
R v Le Brun [1991] 4 All ER 673
An unlawful act
R v Scarlett [1993] 4 All ER 629
R v Dawson (1985) 81 Cr App R 150
R v Watson [1989] 2 All ER 865
R v Lowe [1973] QB 702
R v Goodfellow (1986) 83 Cr App R 23
R v Cato [1976] 1 All ER 260
R v Corbett [1996] Crim LR 594
Manslaughter by gross negligence
Duty of care
R v Singh [1999] Crim LR 582
R v Wacker [2003] 4 All ER 295
R v Armstrong [1989] Crim LR 149
R v Church [1965] 2 All ER 72
R v Adomako [1994] 3 All ER 79
Attorney-General's Reference (No.2 of 1999) [2000] 3 All ER 182
All forms of unprovoked killing other than murder fall under the category of involuntary manslaughter. It differs from murder in that there is not "malice aforethought." Manslaughter seems to have the most definitional challenges out of all the crimes because it involves homicide under so many different circumstances.The law recognises manslaughter as a crime based primarily, though not exclusively, on the absence of intent to kill but with the presence of an element of "unlawfulness," which is the elusive factor, and murder as a crime based primarily, though not exclusively, on an intention to kill. Involuntary manslaughter can take two primary forms, which will be discussed in this lecture
Manslaughter by unlawful act (or constructive manslaughter);
Manslaughter by gross negligence.
Learning Outcomes
After reading this lecture and the material referred to, you should be able to:
understand the law relating to involuntary manslaughter;
know and apply the law of unlawful act manslaughter and
comprehend and apply the law of gross negligence manslaughter.
Key Cases
Introduction
Andrews v DPP [1937] AC 576
Constructive or (Unlawful Act) Manslaughter
An intentional act
DPP v Newbury and Jones [1977] AC 500
R v Le Brun [1991] 4 All ER 673
An unlawful act
R v Scarlett [1993] 4 All ER 629
R v Dawson (1985) 81 Cr App R 150
R v Watson [1989] 2 All ER 865
R v Lowe [1973] QB 702
R v Goodfellow (1986) 83 Cr App R 23
R v Cato [1976] 1 All ER 260
R v Corbett [1996] Crim LR 594
Manslaughter by gross negligence
Duty of care
R v Singh [1999] Crim LR 582
R v Wacker [2003] 4 All ER 295
R v Armstrong [1989] Crim LR 149
R v Church [1965] 2 All ER 72
R v Adomako [1994] 3 All ER 79
Attorney-General's Reference (No.2 of 1999) [2000] 3 All ER 182