‘The law relating to involuntary manslaughter continues to be muddled and unjust. Reform of this type of homicide is overdue. ‘ Assess the accuracy of this statement.

Topics: Manslaughter in English law, Law, Manslaughter Pages: 3 (1081 words) Published: May 23, 2014
‘The law relating to involuntary manslaughter continues to be muddled and unjust. Reform of this type of homicide is overdue. ‘ Assess the accuracy of this statement. Involuntary manslaughter is the unlawful killing without MR for murder. There are three ways of committing involuntary manslaughter and these are unlawful act manslaughter, gross negligence manslaughter and subjective reckless manslaughter. The liability for the death is built up or constructed from the facts that the defendant has done a dangerous unlawful act which caused the death. The defendant is still liable even though he did not realise the death or injury might occur. Lowe (1973) is one of the leading cases for constructive manslaughter, in this case it is illustrated that the unlawful act must be an act as an omission is not sufficient. Lowe is the case of a father who wilfully neglected his baby son, the trial judge stated that ‘if guilty or wilful neglect he was also guilty of manslaughter’. However the Court of Appeal quashed the conviction of manslaughter as there has to be an act. Due to the father failing to carry out his duty he was in fact omitting, he wasn’t an act. So he was convicted of Gross Negligence manslaughter. Gross Negligence manslaughter is committed where the defendant owes the victim a duty of care but breaches that duty in a very negligent way, which results in causing the death of the victim. The leading case for gross negligence manslaughter is Adomako (1994), this case illustrated that D must owe V a duty to care. Adomako is the case of an anaesthetist who failed to notice that one of the tubes which supplied oxygen to the patient became disconnected. Doctors which gave evidence stated that the defendants failure to notice was abysmal and so the jury convicted him of gross negligence manslaughter. Subjective reckless manslaughter is where the defendant foresaw the risk of serious injury or death, but carried on to take it. Lidar (2000) is the case where the...
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