Involuntary Manslaughter – Gross Negligence Manslaughter (GNM)
What is involuntary manslaughter? Involuntary manslaughter covers cases where the actus reus of murder is present (there has been a killing), but the mens rea of murder has not been satisfied. This means that the defendant in question did not have an intent to kill or cause serious harm. Andrews v DPP – Lord Atkin – manslaughter is based mainly on the absence of an intent to kill, but there is also an element of unlawfulness which is the elusive factor Manslaughter is an example of what is known as a constructive crime. This means that the mens rea of a lesser offence can suffice for a crime with a more serious actus reus. Unlawful Act Manslaughter is sometimes known because of this as constructive manslaughter (note for exams use of either term is sufficient). It is possible to argue that such a rule is unfair because it means when a much lesser offence is intended, but a stroke of luck death results, then the consequences for the defendant can vary vastly. Consider this example – is it fair for a defendant who intends to commit a battery, but accidently instead causes the death of the victim, to be liable as a murderer and receive a life sentence even though the offence the intended has a maximum sentence of 6 months? – arguably seems disproportionate.
Gross Negligence Manslaughter (GNM)
What is GNM? The origins of gross negligence manslaughter can be found in the case of Bateman, a case concerning a negligent doctor. The court held in the case that if a defendant shows such disregard for the life or safety of others as to amount to a crime against the state then that conduct deserves punishment (words of Lord Hewart) Andrews v DPP – confirms that simple lack of care is insufficient for the offence of GNM. It has to be a high degree of negligence for it to be considered criminal. Therefore GNM is about not reaching a standard of care expected of you, which leads to criminal prosecution and punishment if this lack of care was sufficiently bad that it warrants such treatment.
What are the elements of GNM?
- / 1