The second in a 2 part series looking at involuntary manslaughter. This document considers the offence of gross negligence manslaughter through its initial development to the current stance taken in case law today. Also included is useful criticism and helpful exam tips
Involuntary manslaughter covers cases where the actus reus of murder is present
(there has been a killing), but the mens rea of murder has not been satisfied. This
means that the defendant in question did not have an intent to kill or cause serious
harm.
Andrews v DPP – Lord Atkin – manslaughter is based mainly on the absence of an
intent to kill, but there is also an element of unlawfulness which is the elusive factor
Manslaughter is an example of what is known as a constructive crime. This means
that the mens rea of a lesser offence can suffice for a crime with a more serious
actus reus. Unlawful Act Manslaughter is sometimes known because of this as
constructive manslaughter (note for exams use of either term is sufficient).
It is possible to argue that such a rule is unfair because it means when a much lesser
offence is intended, but a stroke of luck death results, then the consequences for the
defendant can vary vastly.
Consider this example – is it fair for a defendant who intends to commit a battery,
but accidently instead causes the death of the victim, to be liable as a murderer and
receive a life sentence even though the offence the intended has a maximum
sentence of 6 months? – arguably seems disproportionate.
Gross Negligence Manslaughter (GNM)
What is GNM?
The origins of gross negligence manslaughter can be found in the case of Bateman, a
case concerning a negligent doctor. The court held in the case that if a defendant
shows such disregard for the life or safety of others as to amount to a crime against
the state then that conduct deserves punishment (words of Lord Hewart)
Andrews v DPP – confirms that simple lack of care is insufficient for the offence of
GNM. It has to be a high degree of negligence for it to be considered criminal.
Therefore GNM is about not reaching a standard of care expected of you, which
leads to criminal prosecution and punishment if this lack of care was sufficiently bad
that it warrants such treatment.
What are the elements of GNM?
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