#Criminal #Law #Manslaughter
Manslaughter is unusual because it is more about an unlawful homicide that is not enough to amount to murder.
There are two main types of manslaughter; voluntary and involuntary. The difference is based on the intention of the defendant so if there is an intention to kill or do grievous bodily harm then we are looking at voluntary manslaughter and if there is no such intention then we are looking at involuntary manslaughter.
The first type of voluntary manslaughter is based on the loss of control and replaces the old law of provocation. Loss of control comes from s. 54 of the Coroners and Justice Act 2009 and has three main elements:
1) Loss of self-control
2) The loss of self-control had a qualifying trigger
3) A person of D’s sex and age but reasonable tolerance might have acted the same way
1) This change in the law accounts for some of the previous criticisms that came from the case of Ahluwalia [1992]. In particular the loss of control no longer has to be sudden and temporary but as per s. 54(4).
2) Previously the qualifying trigger could be anything said or done but Doughty [1986] showed that this was too broad. Now there has to be fear of serious violence (s. 55(3)). Things said or done can still operate as a trigger but only where they created grave circumstances or gave D a justifiable sense of being wronged (s. 55(4)). However if D actually incited this herself then this cannot act as a trigger (s. 55(6)). Sexual infidelity also cannot act as a a trigger.
3) This brings statute law in line with the Privy Council decision in A-G for Jersey v Holley [2005].
Another type of voluntary manslaughter is diminished responsibility as per section 2 of the Homicide Act 1957. This is based on an abnormality of the mind that was defined by Parker CJ in Byrne [1960] who said it is “a state of mind so different from ordinary human beings that the reasonable man would term it abnormal”. It is important to note thought that this is not insanity and instead relates to an impairment of mental responsibility for the death.
The main type of involuntary manslaughter is an unlawful and dangerous act. For an act to be unlawful it must not only be a crime but also a significant cause for the subsequent death; Kennedy (No. 2) [2007]. Meanwhile dangerous is given its ordinary meaning as per Church [1966] and is not to be applied ex post facto.
The other types of involuntary manslaughter are as follows:
Gross negligence – Adomako [1994]: Where there is a breach of the duty of care that causes death and is considered by a jury to amount to gross negligence in that regard.
Reckless – Lidar [1999]: Where there is a conscious taking of risk that means it is likely serious bodily harm will be caused.
Corporate – As per section one of the Corporate Manslaughter and Corporate Homicide Act 2007.
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Nice
Your video helped me a lot to understand & write my assignment thanks alot
Hi
Could you please explain to me a how to to apply corporate manslaughter in the problem scenario question using IRAC .
For example machine died in the garage while he was working under the hydraulic lorry ramp and he knock an incorrectly installed hydraulic hose causing the ramp fall and back of the lorry crash down to him .
It's applied yhe machine from Albania working without proper training . The grage has poor health and safety record after investigation from HSE.
could you explain how can I make garage owner liable for machine death
Many thanks
Life with Billy???
Is Egregious Negligence the next level after Gross Negligence❓Does
Gross and Reckless the same❓
JUST WOW.HOPE FOR MORE VIDEOS WILL COME SOON
super helpful and straight to the point, thanks so much!
Hi there, just wanted to make sure regarding this point. Is "unlawful and dangerous act" manslaughter and "constructive" manslaughter the exact same offence?
This guy knows his stuff
Outclass! as always
I was sentenced to 7 years for manslaughter
you are the boss. thank you
I wish you would have put some 'reform' bit in here too. I am a big fan now!
Hi Marcus, is there anyway you can make a video on how to structure a problem question and essay answer.
I thought u meant pushing someone whom u had slapped to a car which causes them to be run over not being a crime.. but i realised you meant it as two seperate incidents! 😂 and good job on this lecture btw! At halfway mark nw
Sorry the loss of control from a practical sense has to be sudden and temporary! I can’t be mad at my wife since the last 5 years and then kill her that’s murder. Feminism strong armed the law to change!
Hi Marcus! Love your videos, thanks very much for uploading, however, your section on Diminished responsibility needs updating. The wording of the act had changed quite significantly changed by CJA 2009 s54.
Your videos are great Marcus! Thank you for all your work :). Helps even a fellow Irish counterpart as the basics of the law are the same! (y)
I love you
I am impressed with your versatility in all areas of Law and in your magnanimity in offering your knowledge freely without advertising for tutoring, is greatly inspiring. Thank you for sharing your knowledge. It's beneficial to some of us. well done!
you make some very helpful videos, thank you!
I watched this and took notes this morning before my exam… think you just saved my bacon! Thanks
Thank you so much dear .may allah keep you happy always and give you reward for your effort to help
Hi Marcus, saw you in uni the other day, hope your well, just a quick question, what is the full citation for cokes definition of murder? and where do i include it in bibliography? do i put it under common law or reports?
Hi Marcus, just a quick question. I'm currently writing a manslaughter assignment for mark and I'm wondering whether I'm am supposed to only focus on the law relating to the problem question or am i to explain all the law we have learned in relation to murder and manslaughter and then just apply the relevant bits? I'm worried i may lose word count by including unnecessary bits but i also worry that i will lose grades if i don't include enough explanation of the law in general. do you have any advice?
Omg I love your lectures and your podcast episodes, they are sooo helpful !!
Hi Marcus what is provocation, what is meant by loss of control replaces defence of provocation ?
i acc didnt skip add, i want to buy Poop pourie LOOOOOL
helpful!!!