Fatal Offences Against the Person

Manslaughter

Man slaughter occurs when an individual is killed however the killing does not amount to murder.  There are 3 ways this happens:

1. Voluntary Manslaughter

Voluntary Manslaughter occurs when a a suspect has the intent for murder however a partial defence applies

Diminished Responsibility

For the defence of diminished responsibility the defendant must prove the following: 

• the defendant was suffering from an abnormality of mental functioning;

• arising from a recognised medical condition;

• that substantially impaired their ability understand the nature of their conduct, to form a rational judgement or to exercise self control

Loss of Control

For the  the defence of loss of control the defence must prove the following points:

• There was a loss of control;

• Caused by a qualifying trigger;

• A person of the suspect's age, sexy with a normal degree of tolerance and self restraint may have acted a similar way in the circumstances 

2.Involuntary Manslaughter

In voluntary manslaughter occurs when the suspect kills another however they did not intention to kill them or to cause grievous bodily harm. 

Unlawful Act Manslaughter

For the offence of unlawful act manslaughter the prosecution must prove that the suspect committed a dangerous and unlawful act that caused the death of the victim 

Points to Prove

• Suspect committed an unlawful act;

• This unlawful act was dangerous;

• The unlawful act caused the death of the victim 

3. Gross Negligence Manslaughter

Gross negligence manslaughter is set out in common law. The suspect must commit an

1. • The suspect must commit an act or omission that carries a risk of death to the victim;

   • The suspect must have a duty of care in respect of the victim and they breach that duty of care;

   • The breach of the duty must be so gross as to be criminal (Very high degree of negligence)