header-logo header-logo

Involuntary manslaughter

19 March 2020 / Simon Parsons
Issue: 7879 / Categories: Features , Criminal
printer mail-detail
17909
Gross negligence manslaughter: when is there a serious & obvious risk of death? Simon Parsons examines the evidence
  • It is unclear whether the courts want to reduce or expand the scope of the gross negligence manslaughter.

Involuntary manslaughter is unlawful homicide without the mens rea for murder but with some lesser degree of mens rea or negligence. A person need not being acting involuntarily to be liable for this form of manslaughter. One head of liability is gross negligence manslaughter which will be prosecuted where the defendant’s act is lawful in itself or where death is the result of a failure to act. It is a common law offence which has been shaped by the judges over many years.

The high authority for the offence is Adomako [1995] 1 AC 171 in which the House of Lords restated the law which was first set out in Bateman (1925) 19 Cr App R 8. This stabilised the offence and there was little judicial development of the offence after Evans [2009]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll