Law Commission consultation on homicide offences

We provisionally propose that it should be unlawful dangerous act manslaughter where:

1. The defendant did an act which constituted a criminal offence.
2. The defendant’s conduct was dangerous, in that a reasonable person would have recognised that it must subject another person to the risk of some injury.
3. The defendant intended to cause some injury or was reckless as to whether some injury was caused.
4. The defendant’s conduct caused the death of another. 

Do consultees agree?

We provisionally propose that strict liability offences should not be capable of forming the basis for a conviction for unlawful dangerous act manslaughter.

Do consultees agree?

We provisionally propose that gross negligence manslaughter should apply where:

1. The defendant owed an existing duty of care to the victim.
2. The defendant negligently breached that duty.
3. At the time of the breach there was a serious and obvious risk of death.
4. It was reasonably foreseeable at the time of the breach of the duty that the breach gave rise to a serious and obvious risk of death.
5. The breach of the duty caused or made a significant contribution to the death of the victim.
6. The defendant’s conduct was truly exceptionally bad, falling far below what could reasonably be expected of them in the circumstances.

Do consultees agree?

We invite consultees’ views on whether our provisional proposal for reform of gross negligence manslaughter would have any consequential impact on the statutory offence of corporate manslaughter under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.

We provisionally propose that there should be a separate category of reckless manslaughter which applies where:

1. The defendant’s conduct caused the death of another.
2. The defendant was aware of a risk that their conduct would cause death or serious injury.
3. It was unreasonable for the defendant to take that risk, having regard to the circumstances as they knew or believed them to be. 

Do consultees agree?

We invite consultees’ views on the use of the term “manslaughter” to describe this tier of the general homicide offence structure.