Summary
Summary Homicide - Involuntary Manslaughter
- Course
- Institution
Summary of 8 pages for the course Criminal Law at QUB (Lecture notes)
[Show more]
Seller
Followlarafox
Content preview
CRIMINAL LAWINVOLUNTARY MANSLAUGHTER
Where D commits the AR of murder (causing death) without possessing the required
MR (malice aforethought).
Basic Reading:
Herring, Chapter 5 and another textbook on involuntary manslaughter.
Further Reading:
Gardner, ‘Manslaughter by Gross Negligence’ (1995) 111 LQR 22.
Herring & Palser, ‘The Duty of Care in Gross Negligence Manslaughter’ [2007] Criminal
Law Review 24.
Keating, ‘The Law Commission Report on Involuntary Manslaughter: The Restoration of a
Serious Crime’ [1996] Criminal Law Review 535.
Law Commission, Murder, Manslaughter and Infanticide (LC Report 304:2006).
Mitchell, ‘Distinguishing Between Murder and Manslaughter in Practice’ (2007) 30
Criminal Law Journal 318.
Mitchell ‘More thoughts about Unlawful and Dangerous Act Manslaughter and the One
Punch Killer’ [2009] Criminal Law Review 502.
Quick, ‘Prosecuting Gross Negligence Manslaughter, Discretion and the Crown
Prosecution Service’ (2006) 33 Journal of Law and Society 421.
Quick, ‘Medicine, Mistakes and Manslaughter: a Criminal Combination’ (2010) 69
Cambridge Law Journal 161.
Stallworthy, ‘Can Death by Shock be Manslaughter’ (1986) 136 NLJ 51.
Forms of Involuntary Manslaughter:
There are three forms of involuntary manslaughter:
1. Constructive Manslaughter or Manslaughter by Unlawful and Dangerous Act,
2. Gross Negligence Manslaughter and
3. Subjective Reckless Manslaughter.
1
, Constructive Manslaughter/Manslaughter by Unlawful and Dangerous
Act
Establishing Liability:
To establish liability for Constructive Manslaughter the prosecution must prove that:
A. D committed an unlawful act;
B. The unlawful act was dangerous; and
C. That the unlawful and dangerous act caused the death of the victim.
See A-G’s Ref (No.3 of 1994) [1997] 3 WLR 421
A. ‘Unlawful Act’
The prosecution should make it clear what unlawful act is being relied on – Jennings [1990]
Criminal Law Review 588
The unlawful act must be a crime
Franklin (1893) 15 Cox CC 163
R v Dhaliwal [2006] EWCA Crim 1139.
Andrews v DPP [1937] AC 576
Alliston 22 August 2017.
There is some confusion as to whether an omission will suffice:
R v Senior [1899] 1 QB 283
R v Lowe [1973] QB 702 - Lord Phillmore stated:
if I strike a child in a manner likely to cause harm it is right that, if the child dies, I may be
charged with manslaughter. If, however, I omit to do something with the result that it suffers
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller larafox. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.30. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79223 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now