Involuntary Manslaughter Learning Outcome You will understand the

Involuntary Manslaughter

Learning Outcome: You will understand the law on Involuntary manslaughter

Types of Involuntary Manslaughter Constructive or Unlawful Act Manslaughter Gross Negligence Manslaughter Subjective Reckless Manslaughter Key point: The defendant commits the actus reus for murder BUT lacks the mens rea for murder

Involuntary Manslaughter Constructive or Unlawful Act The defendant commits an unlawful dangerous act which results in death Gross Negligence The defendant commits a lawful act which results in death

Gross Negligence Manslaughter – Elements of offence Duty of care Breach of duty of care Gross negligence Risk of Death

Question? How many situations can you think of where a person may have duty of care to another person(s)?

Elements of Offence – Duty of Care The defendant must ow the victim a duty of care Civil concept of negligence applies See Donoghue v Stevenson (1932) See also Adomako (1994): In groups read facts of Adomako and answer following questions (10 mins):

R v Adomako 1994 – Questions: What was the defendant’s duty to the victim? What had the defendant failed to do? When do you think he goes from simple negligence to gross negligence? What are the four key elements of the offence of gross negligence manslaughter?

Duty of care – Civil concept What are the facts of Donoghue v Stevenson (1932)? “You must take reasonable care to avoid acts and omissions which you can reasonably foresee would be likely to injure your neighbour”. This civil test is much wider than the criminal law and suggest that gross negligence can cover a wide range of situations In your groups prepare a table of cases where gross negligence was found to applied.

Your table should look like this? Case Name Facts of Case Duty? Owed by whom?

Elements of offence – Breach of Duty of care Includes an ACT or OMISSION

Elements of Offence – Gross Negligence It must go beyond remedy with compensation Must have shown such disregard for the life and safety of other that it amounts to a crime (Bateman 1925) Conduct so bad in all the circumstances that it is equal to a criminal act or omission (Adomako 1994) The act or omission must be so wrong that it is deserving of criminal punishment Decided by the jury

Elements of offence - death In order for the defendant to liable the breach of duty must have caused the victim’s death

Risk of what to be liable…? Stone & Dobinson (1977) It is not clear from this case if the risk need only be to “Health & Welfare” Bateman (1925) MUST disregard life and safety of victim

Risk of what to be liable…? R v Adomako (1994) – states Risk of death Misra & Srivaslava (2004): Relied on European Law – Article 7 ECHR No punishment without law – this means no can be guilty of a criminal offence if it is not an offence under national and international law at the time the offence was committed

Involuntary Manslaughter Unlawful Act Gross Negligence Subjective Recklessness