header-logo header-logo

19 March 2020 / Simon Parsons
Issue: 7879 / Categories: Features , Criminal
printer mail-detail

Involuntary manslaughter

17909
Gross negligence manslaughter: when is there a serious & obvious risk of death? Simon Parsons examines the evidence
  • It is unclear whether the courts want to reduce or expand the scope of the gross negligence manslaughter.

Involuntary manslaughter is unlawful homicide without the mens rea for murder but with some lesser degree of mens rea or negligence. A person need not being acting involuntarily to be liable for this form of manslaughter. One head of liability is gross negligence manslaughter which will be prosecuted where the defendant’s act is lawful in itself or where death is the result of a failure to act. It is a common law offence which has been shaped by the judges over many years.

The high authority for the offence is Adomako [1995] 1 AC 171 in which the House of Lords restated the law which was first set out in Bateman (1925) 19 Cr App R 8. This stabilised the offence and there was little judicial development of the offence after Evans [2009]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Irwin Mitchell—Louisa Donaghy

Irwin Mitchell—Louisa Donaghy

National military team expands in Leeds with legal director appointment

Taylor Wessing—Jamie Humphreys

Taylor Wessing—Jamie Humphreys

Disputes and investigations team welcomes product liability partner hire

Spector Constant & Williams—Michael Michaeloudis and team

Spector Constant & Williams—Michael Michaeloudis and team

London firm launches employment department with four-lawyer team hire

NEWS
Premier Solicitors and Finders International emerged as leading winners at the 2026 Probate Industry Awards, held in London and now in their eighth year
Client complaints about ‘more modest bills’ of £50,000 or less would be handled by the Legal Ombudsman rather than the courts, under Civil Justice Council (CJC) proposals
Global firm Dentons could be forced to return to the Solicitors Disciplinary Tribunal (SDT) over its vetting of a client inherited from its merger with French firm Salans, following a Court of Appeal decision
Judges are using artificial intelligence (AI) tools to help them produce anonymised judgments, Sir Colin Birss, Chancellor of the High Court, has said
Solicitors would be required to enter into ‘mandatory ethical discussions’ each year, under Solicitors Regulation Authority (SRA) proposals
back-to-top-scroll