Areas in Need of Reform in Law Governing Manslaughter
613 Words3 Pages
The law governing involuntary manslaughter is satisfactory to a certain extent, however there is some need of reform by parliament. In the following essay the above statement will be discussed and the definition and different elements of the crime will be analysed.
Involuntary manslaughter is the unlawful killing of a person where the defendant does not have the intention, either direct or oblique, to kill or to cause grievous bodily harm, and where there is no malice aforethought.
Although the defendant may not have the intention, there are 3 situations where the defendant will still be held responsible for the victim’s death. This is when there is mention of an unlawful act (or constructive) manslaughter R v Lamb (1967), Gross negligence manslaughter R v Bateman (1925) or reckless manslaughter R v Caldwell (1982).
In order to be charged for involuntary manslaughter, the defendant must have committed a dangerous unlawful act which has resulted into the death of the victim. This offence has to be a criminal offence, as a civil wrong is not considered to be enough R v Franklin (18...