Deconstructing Unlawful Act Manslaughter
| Author | Gavin Leigh |
| DOI | 10.1177/0022018317694716 |
| Published date | 01 April 2017 |
| Date | 01 April 2017 |
| Subject Matter | Articles |
Article
Deconstructing Unlawful Act
Manslaughter
Gavin Leigh
Coventry University Law School
Abstract
The aim of this article is to separate out and justify two means of proving manslaughter by an
unlawful (and dangerous) act. One is manslaughter by an act of intended bodily harm. The
other is manslaughter by an unlawful and dangerous act. Some historical authority for these
two kinds of unlawful act manslaughter is established, but the line of argument centres on the
separate justifications for each kind. The justification for manslaughter by an act of intended
bodily harm centres on the relationship between intention and luck. The justification for
manslaughter by an unlawful and dangerous act concentrates on the distinction between
negligence and heedlessness. This article concludes that manslaughter by an act of intended
bodily harm may be justifiable, but that this may be possible where death is caused through any
advertent crime. This is with a view to potential development or reform through the courts or
Law Commission.
Keywords
Unlawful act manslaughter, moral luck, intention, negligence, heedlessness
Last year marked the 50th anniversary of Richard Buxton’s ‘classic article’
1
on unlawful act manslaugh-
ter and the 10th anniversary of the Law Commission’s most recent proposals for its reform. Buxton’s
view, that unlawful act manslaughter is justified by an act of intended bodily harm, can be contrasted
with the slightly wider approach of the Law Commission, for whom int ention or recklessness was
sufficient. Nevertheless, Glanville Williams had suggested, before Buxton laid down his line of attack,
that ‘every charge of involuntary manslaughter ...[should instead necessitate] proof of criminal negli-
gence ...as to the death’.
2
Criticism of unlawful act manslaughter can be found in the Victorian
Corresponding author:
Gavin Leigh, Coventry University Law School, George Eliot Building, Priory Street, Coventry, CV1 5FB, UK.
E-mail: ac2599@coventry.ac.uk
1. A. Ashworth, ‘Case Comment’ [2013] 4 Crim LR 335 at 336. Cf. R. Buxton, ‘By Any Unlawful Act’ (1966) 82 LQR 174.
2. G. Williams, ‘Constructive Manslaughter’ [1957] Crim LR 293 at 301.
The Journal of Criminal Law
2017, Vol. 81(2) 112–124
ªThe Author(s) 2017
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DOI: 10.1177/0022018317694716
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