Crime XXXXXXI - Involuntary Manslaughter VII
Earlier
on under constructive manslaughter or unlawful act manslaughter we had
established that a defendant cannot be convicted for constructive manslaughter
or unlawful act manslaughter if the death that occurred was the result of an
omission i.e. a failure to comply with a duty imposed by either common law or
statute. That however does not mean that the defendant would not be guilty of
reckless manslaughter or involuntary manslaughter.
In
Harris & Harris, R v (1993) the defendants, the parents, refused to allow
doctors to treat their daughter with insulin. The child suffered from diabetes
and the child died as a result. The parents were found guilty of manslaughter.
Parents
have a duty to act responsibly when it comes to making decisions with regards
to their children and a failure to do so or to act in accordance with the
duties imposed by either common law or statute may compel the courts to impose
some form of sanctions on the parents.
A
failure to act in the manner that most people would under the circumstances or
the manner in which a reasonable man would in the given circumstances may also
compel a court or a jury to find the defendant(s) guilty.
In
R v Khan (1993) the defendants were drug dealers who supplied a girl with a
class A drug (heroin). It soon became apparent that the girl needed medical
attention but the defendants left her by herself and her body was found the
next day dumped in a waste disposal ground.
As
per the decision in R v Dias (2002) the defendants could not be found guilty of
constructive manslaughter or unlawful act manslaughter and this includes
situations where the dealer has prepared the solution and handed in to the
victim in a syringe if the victim is “a fully informed and responsible adult”.
Here
the victim was a minor (15 years old) and did not fall into the category of or
cannot be classed as a fully informed and responsible adult.
The
defendants were not convicted for constructive manslaughter or unlawful act
manslaughter but were found guilty instead, of involuntary manslaughter or
reckless manslaughter by way of omission i.e. for failing to comply with a duty
imposed by either common law or statute or for failing to act in the manner a
reasonable man would have in the given circumstances.
Under
manslaughter the prosecution has some discretion to go for the types of
manslaughter that are available to obtain a conviction but it is important that
the prosecution gets it right the first time because the courts might not allow
or might be reluctant to allow a retrial.
Copyright
© 2019 by Dyarne Ward
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