A more recent version of these Involuntary Manslaughter notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Criminal: Involuntary Manslaughter
involuntary manslaughter: all unlawful homicide other than murder. no malice aforethought: distinguished from murder. difficult to define:
[Ld Atkin] in Andrews v DPP : 'so many and so varying conditions ... absence of intent to kill, but with the presence of an element of "unlawfulness" which is the elusive factor'. Law Commission Report: risk of becoming amorphous 'catch-all' offence. 2 forms considered:
1. unlawful act (or constructive) manslaughter: d. causes victim's death as result of committing some other, lesser criminal offence.
2. gross negligence manslaughter: d. causes victim's death as result of grossly negligent behaviour.
Unlawful Act (Constructive) Manslaughter
constructive manslaughter: d. lacks MR for murder, but kills someone in course of committing a crime.
- Definition: DPP v Newbury and Jones : d. pushed concrete paving slab onto oncoming train, killed guard.
1. d. intentionally (voluntarily) did an act
2. act was unlawful
3. act was dangerous
4. act caused death of victim.
- Defendant's act was intentional: only act, not consequences must be intended (i.e. voluntarily done).
Buy the full version of these notes or essay plans and more in our GDL Criminal Law Notes.