The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Manslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to manslaughter because of one of the three special defences. Involuntary manslaughter refers to those types of manslaughter which can be charged in their own right and where the accused lacks the mental element for murder ie the intention to kill or cause grievous bodily harm (GBH), although equally they can result from an indictment for murder where the prosecution fail to prove the mental element. See: R v Taylor (1834) 2 Lew CC 215 (not reported by LexisNexis®).
There are two classes of involuntary manslaughter where a defendant:
kills another by an unlawful act which was likely to cause bodily harm (known as either unlawful act manslaughter or constructive manslaughter), or
kills another by gross negligence (manslaughter by gross negligence)
In order to prove manslaughter by an unlawful act you must prove:
an unlawful act (not omission) by the defendant resulted in someone's death
that the unlawful act involved a risk of someone being harmed, and
that the defendant has the required mental element for the relevant unlawful act (eg for an assault or criminal damage) which led to the death of a victim
The act must be unlawful which means
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.