1. Involuntary Manslaughter

2. You will understand the law on Involuntary manslaughter
Learning Outcome:
You will understand the law on Involuntary manslaughter

3. 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

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

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

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

7. 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):

8. 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?

9. 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.

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

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

12. 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

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

14. 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

15. 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

16. Subjective Recklessness
Involuntary Manslaughter
Unlawful Act
Gross Negligence
Subjective Recklessness