Crime XXXXV - Constructive Manslaughter IV – The Unlawful Act III
In
order to establish constructive manslaughter the act must be an overt unlawful
act. An omission, which is a failure to act when there is normally a duty to
act, imposed by either common law or statute for example in the parent child
relationship, will not suffice.
In
R v Lowe (1973), the parent, Mr. Lowe, a person of low intelligence did not
call a doctor to attend to his sick child or bring the child’s illness to the
attention of a doctor and the child subsequently died as a result. Mr. Lowe was
arrested and charged under s.1 (1) of the Children and Young Persons Act 1933,
which states:-
If
any person who has attained the age of sixteen years and (has
responsibility for) any child or young person under that age, willfully
assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures
him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner
likely to cause him unnecessary suffering or injury to health (including injury
to or loss of sight, or hearing, or limb, or organ of the body, and any mental
derangement), that person shall be guilty of a misdemeanor, and shall be
liable—
(a)
On conviction on indictment, to a fine . . . or alternatively, . .
. , or in addition thereto, to imprisonment for any term not
exceeding (ten) years;
(b)
On summary conviction, to a fine not exceeding (£400) pounds, or
alternatively, . . . , or in addition thereto, to imprisonment for any
term not exceeding six months.
Mr.
Lowe was convicted for both neglect and constructive manslaughter or unlawful
act manslaughter. The defense appealed.
The
appeal was allowed. In order to establish constructive manslaughter or unlawful
act manslaughter there must be an unlawful act and an omission will not
suffice.
While
the statute made it illegal for parents to neglect their children or to subject
them to any treatment that may be termed or defined as cruel or inhuman, the
willful act, is an act that is done deliberately i.e. a deliberate act and not
an act that is done inadvertently i.e. an inadvertent act. However, an
inadvertent act depending on the circumstances can be interpreted as being
deliberate if it was reckless. The appeal was allowed because the jury found
that the accused had not been reckless.
Copyright
© 2019 by Dyarne Ward
Comments
Post a Comment