NCJ Number
55679
Journal
Police Review Volume: 87 Dated: (FEBRUARY 9, 1979) Pages: 213-214,220
Date Published
1979
Length
3 pages
Annotation
VOLUNTARY MANSLAUGHTER, INVOLUNTARY MANSLAUGHTER, CAUSING DEATH BY RECKLESS DRIVING, AND INFANTICIDE ARE DESCRIBED IN ENGLISH LAW, INCLUDING PENALTIES, MODE OF TRIAL, AND ALTERNATIVE VERDICTS.
Abstract
MANSLAUGHTER IS AN UNLAWFUL KILLING THAT DOES NOT AMOUNT TO MURDER. VOLUNTARY MANSLAUGHTER ENCOMPASSES THOSE KILLINGS RESULTING IN A CHARGE OF MURDER WHICH ATTRACTS A VERDICT OF GUILTY OF MANSLAUGHTER ON THE GROUNDS OF DIMINISHED RESPONSIBILITY, PROVOCATION, OR THE EXISTENCE OF A SUICIDE PACT UNDER THE HOMICIDE ACT OF 1957. MALICE AFORETHOUGHT MUST EXIST FOR THE CHARGE TO APPLY. INVOLUNTARY MANSLAUGHTER IS DIVIDED INTO THREE CATEGORIES: (1) CAUSING THE DEATH OF ANOTHER BY DOING AN UNLAWFUL ACT WHICH CARRIES AN OBVIOUS RISK OF BODILY INJURY TO OTHERS, (2) CAUSING THE DEATH OF ANOTHER BY GROSS NEGLIGENCE TO PERFORM A DUTY, AND (3) CAUSING THE DEATH OF ANOTHER BY DOING A LAWFUL ACT RECKLESSLY. MANSLAUGHTER IS A COMMON LAW MISDEMEANOR AND ATTRACTS A MAXIMUM PENALTY OF LIFE IMPRISONMENT. THE OFFENSE IS TRIABLE AT CROWN COURT ONLY, AND ALTERNATIVE VERDICTS ARE CHILD DESTRUCTION OR AIDING, ABETTING, COUNSELLING, OR PROCURING THE SUICIDE OF ANOTHER. THE ROAD TRAFFIC ACT OF 1972 (AMENDED) PROVIDES THAT A PERSON WILL COMMIT AN OFFENSE IF HE CAUSES THE DEATH OF ANOTHER BY DRIVING A MOTOR VEHICLE ON A ROAD RECKLESSLY. TO ESTABLISH THE OFFENSE, IT IS ONLY NECESSARY TO PROVE THAT THE OFFENDER FORSAW THE POTENTIAL DANGERS OF HIS DRIVING AND WENT ON TO TAKE THE RISK, NOT THAT THE RECKLESS DRIVING WAS THE MAIN CAUSE OR A SUBSTANTIAL CAUSE OF DEATH. A PERSON FOUND GUILTY OF THIS OFFENSE IS LIABLE TO A TERM OF IMPRISONMENT NOT TO EXCEED 5 YEARS OR A FINE OR BOTH. THE OFFENSE IS TRIABLE ONLY ON INDICTMENT AND ENTAILS LOSS OF DRIVING LICENSE. UNDER THE PROVISIONS OF THE INFANTICIDE ACT OF 1938, A SPECIAL OFFENSE WAS CREATED WHICH OFFERS SOME COMPASSION TO THE MOTHER WHO KILLS HER CHILD BEFORE IT HAS REACHED 12 MONTHS OF AGE. THE ACT ALLOWS FOR THE POSSIBILITY THAT THE MOTHER'S MIND WAS DISTURBED BY REASON OF HER NOT FULLY RECOVERING FROM THE EFFECTS OF GIVING BIRTH OR FROM THE EFFECTS OF LACTATION AND ALLOWS FOR THE JURY TO RETURN THE VERDICT OF INFANTICIDE INSTEAD OF MURDER. THE OFFENSE IS TRIABLE ON INDICTMENT ONLY, AND THE MOTHER MAY BE FOUND GUILTY OF CHILD DESTRUCTION. (KJM)