Involuntary manslaughter

• Constructive manslaughter:

  • d did an unlawful act that was objectively dangerous in that it carried a risk of harm, and it did, in fact, cause v's death
• Reckless manslaughter:

  • d's actions caused the victim’s death, and he was aware at the time that his actions caused a risk of causing death or serious injury to v
• Gross negligence manslaughter:

  • d did not intend to cause any harm nor did he foresee that it was likely that harm would occur but he did cause the victim’s death by acting in breach of duty
• Requirements for constructive manslaughter:

  1. Unlawful act (D had the actus reus and mens rea of another criminal offence)
  2. Unlawful act was dangerous (carried an objective risk of harm)
  3. Factual and legal causation
• Will civil liability suffice for the unlawful act requirement?

  No -> R v Franklin
• Factual causation:


  'but for' d's unlawful and dangerous act, would v have died at the time in the way he did? (White)
• Legal causation:


  d's unlawful and dangerous act need not be the sole or even the main cause provided it is a cause (Pagett)
• Novus actus interveniens:

  the act of the victim will only break the chain of causation if they are ‘so daft’ as to be unforeseeable (Roberts)
• Direct intention:


  d wanted to cause death or serious injury
• Oblique intention:


  D does not want to cause death or serious injury but he realises it is a virtually certain consequence of his actions
• Recklessness:


  D does not want to cause death or serious injury but he realises that there is a risk that this will result from his actions
• Gross negligence manslaughter requirements:

  1. d must owe a duty of care to v
  2. must have been breached
  3. breach must cause death
  4. a reasonable person must have foreseen a serious and obvious risk of death
  5. breach must be so bad that it is appropriate for the imposition of criminal liability