Manslaughter

Manslaughter is the unlawful killing of another person. Voluntary manslaughter applies where all the elements of murder are present, but the crime is reduced to manslaughter by reason of provocation, impaired mental responsibility, certain circumstances, voluntary intoxication, and/or the pursuit of a suicide pact.

Involuntary manslaughter is the killing of another without an intention to kill or cause grievous bodily harm. The requirements for manslaughter are otherwise the same as for murder. The defendant’s act must be the substantial cause of the victim’s death.

Manslaughter can be caused by an unlawful act or by gross negligence. The unlawful act must be itself unlawful, such as criminal assault. It must involve a risk that someone will be harmed.

Gross negligence involves a breach of a duty of care owed by the defendant to the victim, which in circumstances where the conduct was serious enough to constitute a crime. Where a death is caused by gross negligence, the accused may be guilty of manslaughter.

The circumstances in which gross negligence involving breach of duty arises are varied and depend on circumstances. Where a person has caused the state of affairs that might reasonably cause a threat to life, then they have a duty to take reasonable steps to save life, and they may be guilty of manslaughter if they fail to do so.

A person guilty of attempting to commit murder is liable, upon conviction on indictment, to imprisonment for life. A person guilty of conspiracy to commit murder may be sentenced to imprisonment for life. The sentence is not mandatory in either case.

A person who aids, assists, or counsels the suicide of another or an attempt by another to commit suicide is guilty of an offence. They are liable, upon conviction on indictment, for imprisonment for a term of up to 14 years. The consent of the Attorney General is required to continue the proceedings beyond the magistrates’ court stage or DPP.

It is manslaughter and shall not be considered murder for a person, acting in pursuance of a suicide pact between them and another, to kill the other or be a party to the other being killed by a third person.

Where it is shown that a person charged with the murder of another killed the other or was a party to their being killed, it is an offence to kill the person in pursuance of a suicide pact between them and the other. The standard of proof is beyond reasonable doubt.

It is an offence where a person encouraged or assists suicide or attempted suicide of another, where the act was intended to encourage or assist suicide or attempted suicide.

A suicide pact is a common agreement between two or more persons having for its purpose the death of all of them, whether or not each is to take their own life. Nothing done by a person who enters into a suicide pact is treated as done by them in pursuance of the pact unless it is done while they have the settled intention of not doing so.

The Corporate Manslaughter and Corporate Homicide Act 2007 provides for the offence of manslaughter by a company or organisation. There must be a gross failure in the way the activities are managed or organised which results in a person’s death. The act must amount to a gross breach of a duty of care owed by the organisation to the deceased.

The legislation applies not only to companies but also to partnerships, trade unions, employee associations, and a wide range of public bodies.The conduct must fall far below that which is reasonably expected to constitute a gross breach. It may occur in the context of gross breaches of health, safety, and welfare at work legislation. The legislation does not create new duties but takes effect in relation to duties already owed under civil or statutory law.

The legislation also applies to the police, government departments, and a wide range of public authorities. It could apply, for example, where a person dies in police custody or while in secure accommodation or as a detained patient. Most of the failure must occur at a senior level by persons making significant decisions regarding the organisation or a substantial part of it.

This particular offence applies to the corporation itself and not to its directors. However, these individuals may also be prosecuted for manslaughter on the basis of gross negligence. The specific offence created by the legislation may apply to the corporation itself, but this does not change and in no way shields the directors or managers who may be individually liable.

The legislation looks at the duty of the organisation as a whole. The corporation is liable, upon indictment, to an unlimited fine.