Criminal

Law II Lecture III: Involuntary

Manslaughter
By: Dr. Janeille Zorina Matthews
 Involuntary
Manslaughter

Where do we draw the line?

DEFENCES Voluntary Involuntary

Murder Manslaughter Manslaughter Accidental Killings

Most Least
Culpable Culpable

Key Questions:

1)  How is murder different from manslaughter?
2)  How is manslaughter different from accidental killings?

Source: Clarkson, Keating and Cunningham
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 Involuntary
Manslaughter

MANSLAUGHTER
Manslaughter is committed when a defendant commits the actus
reus of homicide but the killing is not sufficiently blameworthy to
warrant liability or murder. This happens when:

1.  The defendant does possess the necessary mens rea for murder,
but has killed under certain specific circumstances which the law
regards as mitigating the seriousness of the offence (voluntary
manslaughter)
2.  The defendant does not have the necessary mens rea for murder
but can nevertheless be regarded as blameworthy to some
extent (involuntary manslaughter)
-- Clarkson, Keating and Cunningham

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 Involuntary
Manslaughter

Manslaughter

“…of all crimes, manslaughter appears to afford most

difficulties of definition, for it concerns homicide in so
many and so varying conditions…the law has gradually
evolved ‘through successive differentiations and
integrations’ until it recognises murder on the one hand,
based mainly though not exclusively, on the intention to
kill, and manslaughter on the other hand, based mainly,
though not exclusively, on the absence of intention to kill
but with the presence of an element of ‘unlawfulness’,
which is the elusive factor.”
- Lord Atkin, Andrews v. DPP [1937] AC 576
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 Involuntary
Manslaughter

Current State of the Law

The law of involuntary manslaughter can be summed up as
killing:
(1)  By an act that is unlawful and dangerous
(“Constructive Manslaughter”);
(2)  With gross negligence (“Gross Negligence
Manslaughter”); or
(3)  With recklessness as to the risk of death or serious
bodily harm (“Reckless Manslaughter”)

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 Constructive
Manslaughter

Involuntary Constructive Gross Negligent Reckless

Introduction
Manslaughter Manslaughter Manslaughter Manslaughter

• Elements of
constructive
manslaughter
• Critique of
constructive
manslaughter

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 Introduction

CONSTRUCTIVE MANSLAUGHTER
[Constructive] manslaughter is committed when a
defendant intends an unlawful act, and one likely to
do harm to the person, and death results, which was
neither foreseen nor intended. It is the accident of
death resulting which makes the defendant guilty of
manslaughter as opposed to some lesser offence.

-- Lord Parker CJ, R v Creamer

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 Constructive
Manslaughter

Elements of Constructive Manslaughter

(i)  Intentional commission of an unlawful act

(ii)  Act must be dangerous
(iii)  Unlawful and dangerous act must have
caused death

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 Constructive
Manslaughter

“Admirably Clear” Statement of the Law

Unlawful and dangerous act must have “caused” death
“Where the act which a person is engaged in
performing is unlawful, then if at the same time it is a
dangerous act, that is, an act which is likely to injure
another person, and quite inadvertently the doer of
the act causes the death of that other person by act,
then he is guilty of manslaughter”
-- AG’s Reference (No. 3 of 1994)

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 Gross Negligent
Manslaughter

Involuntary Constructive Gross Negligent Reckless

Introduction
Manslaughter Manslaughter Manslaughter Manslaughter

• Elements of gross
negligent
manslaughter
• Critique of gross
negligent
manslaughter

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 Gross Negligent
Manslaughter

Gross Negligent Manslaughter

Where a person causes death through extreme

carelessness or incompetance
•  The defendants tend to be people carrying
out jobs that require special skills or care; or
•  An ordinary person who carries out a lawful
activity without due care

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 Gross Negligent
Manslaughter

Elements of Gross Negligent Manslaughter

(i)  There must be a duty to take care

(ii)  There must be failure to discharge that duty
(iii)  Death must have been caused by that failure
(iv)  The negligence or incompetence of the
accused went beyond a mere matter of
compensation between subjects and showed
such disregard for the life and safety of
others as to amount to a crime against the
state and conduct deserving of punishment
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 Reckless
Manslaughter

Involuntary Constructive Gross Negligent Reckless

Introduction
Manslaughter Manslaughter Manslaughter Manslaughter

• Explanation of
reckless
manslaughter
• Subjective test

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 Reckless
Manslaughter

Reckless Manslaughter

Where a person is aware that her conduct

involves a risk of causing death and she
unreasonably takes that risk

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 Reckless
Manslaughter

Subjective Test

•  Did the defendant foresee a serious (significant)

risk that the victim would suffer serious injury (or
death) and assessed that risk to be highly
probable to occur?

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