reckless manslaughter

what is the definition of reckless manslaughter?

D must foresee (subjective)

a risk of death or serious injury

risk must be highly probable/significant/serious

D must unreasonably take that risk

what is reckless manslaughter?

Recklessness: Advertent or conscious risk-taking which is unjustified/unreasonable

Hyam v DPP [1975] AC 55

D kills by act knowing it is highly probable he will cause death or serious injury

Lidar [2000] 4 Archbold News 3: confirms this category of manslaughter

Degree of recklessness: risk of death or serious injury

Extent of the risk: highly probable (Hyam); serious/significant risk (Lidar)

differences between the different manslaughters.

Actus Reus

Both GNM and Reckless manslaughter can be committed by either acts or omissions; UAM can only be committed by acts

 

Mens Rea

UAM and GNM can committed without any subjective awareness on D’s part of risk of death.

 

UAM can be committed without any objective awareness of risk of death or even serious injury – all that is needed is objective risk of some harm

 

GNM however does require objective awareness of risk of death

 

UAM does require a base crime which has subjective MR  - e.g. intention or recklessness with respect to the base crime elements – but not with respect to death or even harm/serious harm

 

GNM requires no subjective MR whatsoever on D’s part

 

Reckless manslaughter will be the most difficult to prosecute – and so will rarely be relied on –  because it requires that D foresees risk of death or serious injury and that this is foreseen as a high probability.