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Criminal Law - Manslaughter
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- Опубліковано 27 лип 2024
- 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.
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!
he's still saving people in 2021 tho
Voluntarily Man Slaughter and Corporate Negligence
I watched this and took notes this morning before my exam... think you just saved my bacon! Thanks
Yay! Well done Sarah!
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)
Omg I love your lectures and your podcast episodes, they are sooo helpful !!
super helpful and straight to the point, thanks so much!
Thanks so much!
you make some very helpful videos, thank you!
I was sentenced to 7 years for manslaughter
Outclass! as always
Your video helped me a lot to understand & write my assignment thanks alot
you are the boss. thank you
Hi Marcus, is there anyway you can make a video on how to structure a problem question and essay answer.
This guy knows his stuff
JUST WOW.HOPE FOR MORE VIDEOS WILL COME SOON
Hi Marcus what is provocation, what is meant by loss of control replaces defence of provocation ?
Hi there, just wanted to make sure regarding this point. Is "unlawful and dangerous act" manslaughter and "constructive" manslaughter the exact same offence?
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?
+Curious Compilations I think you definitely want to focus on the parts of the law that are applicable to the problem question as you tend not to get marks unless you are linking back to that. Use your word count to explore and apply the relevant bits of law. Good luck!!!
right i get it now, thanks a lot Marcus.
Nice
helpful!!!
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?
or if anyone can answer this that would be great!
anyone at all?
Curious Content
Something along the lines of . The killing of a reasonable creature in being, under the queens peace, without malice a forethought.
An unreasonable creature would be a foetus and brain dead
i appreciate you answering this for me, thank you. However this is the acts reus and mens rea for murder, i was actually asking for the full citation for my footnotes and bibliography.
I wish you would have put some 'reform' bit in here too. I am a big fan now!
Much of the ideas around reform are about manslaughter being too broad and casting too wide a net over different levels of culpability. Honestly much of the reform is better explained by the Law Commission reports.
marcuscleaver I found what I was looking for in their report. Thank you!!!!
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
hahaha that made me laugh!
Thank you so much dear .may allah keep you happy always and give you reward for your effort to help
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.
Thanks! There's a couple of videos for criminal law that need re-doing tbh!
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
Is Egregious Negligence the next level after Gross Negligence❓Does
Gross and Reckless the same❓
Revenge killings are still happening today no matter the law this is an extreme case of targeting innocent people without the full knowledge of whom they are - you don’t get to put your foot in my door 🚪 Bree and then get mad for the outcome - recruitment for hate !
Life with Billy???
I love you
😘
i acc didnt skip add, i want to buy Poop pourie LOOOOOL
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!