: Listenin ne J, (gp Sater a 2 ign Te she gai, Zoe oun Nee : ete ask i : F corso Sn p Fee ie sine Progra ‘Learning Outcomes _ 1. define the basic element of Manslaughter; 2. define the basic element of Infantici 3. Explain valuntary Manslaughter 4, Explain Involuntary Manslaughter, 5. Explain the mens reo and octus eos. of manslaughter; 6. Discuss the rational for the offence and punishment of InfanticideManslaughter - | AR- unlawful act or omission - causes death ul both actus pews & any necessary steered mu vy kind there must be a guiley n DU Amust be acake amtrae Porsgrech Dusno Manslaughter- II ® 5199 provides an explanation as to when the offence of manslaughter is said to have been committed. © No definition of manslaughter; » §199 = accordingly ‘an unlawful omission is an omission amounting to culpable negligence to discharge a duty of preserving life or health’ © [tis based on failure to perform with due care in order not to endanger a life or health; ® It is intended to cover professional cases where there is a failure to discharge a duty due to carelessness or recklessness What is the punishment for Manslaughter?Prpsrach manslaughter 202 — penalty o er is dtipulated — maximum life imprisonment This is an area where judges exercise a wide discretion in relation to both the conviction & 3 2 stage. Read the following examples of cases on of manslaught 1, Mpandev The People (19771 ZR 440 p Mugs (207.1) We Jeter rarerPorsgrech Two types of Manslaughter The « two types of manslaughter; these are woluntary manslaughter ond involuntary manslaughter. Voluntary Manslaughter For voluntary manslaughter D may have the malice aforethouht of murder, but the presence of tigating circumstances reduces his/her crime to be less seriou This is where for example O kills under provocation or under diminished responsibility.=| Etayaats ; : a Voor SS hea Al loese = BN ake Shae F500 aang Voluntary Manslaughter This is where the A kills another perso with the MR ef murder but is net guilty ef murder hecause ” killed under provocation or DR which operates to reduce blameworthiness to manslaughter Thus charge of murder is reduced to manslaughter. Note type of defences thal can be refed wpon Example of Voluntary Manslaughter The people v. Njow (1963) ZR 132 (HC) Ensure that you read the decision. Identify cases that accused can seek ta rely upon under such circumstances.Provocation 5.205, 206 FC Essence of provocation Akills 8 person in heat of passion (moment) after having lost his or her self- contral Provocation need to be sudden, The A must have ne time far passion (na moment) to coal don 4°s lass of contro! is judged against a ordinary person (reasomable] —s.206 An averame person in a similar situati Concept of ordinary person is broad takes into account backround, traditions, beliefs of person. Contrary to common law concept of reasonable man.sors Pats Cipoua Peogreet Involuntary Manslaughter antary ughter consist of hamicide committed with a fault element quired for murder but recognized by the common law as sufficient to fous for homicide This is where the A killed without the fault elements required for the part absence af forethought — involuntary n ighter What does the PC provides with regard to Involuntary Manslaughter? See Section 199 |s two types of Involuntary Manslaughter Manslaughter by doing unlaviful and dangerous act (Unlawful act (constructive) manslaughter } vogligence manslaughterograet What does s199 of the PC say? Any person who by an uniawful act ar om A couses che death of the felony termed ‘monsfaughter’ An rather person is guilty of lawful omission an omission amounting to culpable negligence to discharge a duty tending to the preservat omission is or is nat accampenied by an intention to couse death or bodif He cue Ay cosy # ccerse Dats cyeoua Pog Manslaughter by doing unlawful and dangerous act What dees this Invelve? With the unlawful act, it simply means that if a person does an unlawful act, he/she will be convicted of manslaughter although he did not have the intention but by virtue of him ar her doing that unlaysful act For the courts to convict somebody of unlawful act (constructive manslaughter} at least four eloments must be present. These are; that the act was intentionally or recklessly committed that the act was unlawful thal the act was dangerous the unlawful act and dangeraus act caused death.se Pate Porsarent Click to add title Wictim must have died It of the unlavecful criminal act Criminal liability is said ta be constructive The unlawful act has to be intentionally or recklessly committed by the A h the reasonable anPog Manslaughter by doing unlawful and dangerous act What does this involve? With the unlawful act, it simply means that if a person does an unlawful act, he/she will be Convicted of manslaughter although he did not have the intention but by vietwe of him or her doing that unlayeful act for the courts to convict somebody of unlaveful act (constructive manslaughter) at least four elements must be present. These are; that the act was intentionally or recklessly committed the act was unlawful thal the act was dangerous the unlawful act and dangeraus act caused death.ry Pog Click to add title wletin ave died as a result af the unlawful criminal act Criminal liability is said to be constructive The unlawful act has to be intentionally or recklessly committed by the A which the reasonable man would foresee as liable to cause harm Note example of Involuntary Manslaughter -AL(-Gen's Reference (No, 3 of 1994) (1998) AC 245 —fo ee {8 Te torectinn “Slangn te ode = SS So Ficomestio satan Porvgrech Callies [ae | Att-Gen’s Reference (No. 3 of 1994) (1998) AC 245 ® 1 Held tat the deere ritninal Hablity esta ‘on the doctrine of manslaughter Shae thec inal act veas intentionally or recklessly cornmitted That the act was unlawful That the act was dangerous That the unlawful & dangerous set must han H the deattfExample of Involuntary Manslaughter Subjective reckless) manslaughter — The Peaple v Lowrence Mumango (1985) 7R 35 HE Head the case if you have nat dane so.Gross negligence manslaughter th which ic of negligence & that which is as a result of gross negligence will result to two different responses of the law. The former under tort & the latter under criminal law. In case child died three days after being admitted in hospital What are the requireme There must have been a duty tthe vi There must have been a.gross breach of that duty; and That breach must have caused death See- Rv Adomoake [1995] 1 AC 171 HL2"4 Example of Gross Negligence Manslaughter The People: v Zulu (1968) 788 HC Accused (A) a Zéyr oldd was charged with manslaughter particulars being he unlawfully killed sixteen my hild (deceased) Deceased was poorly suffering from vomiting & diarrhoea Parents obtained medicine from a chemist in Lusaka Condition af the child improved but parents decided to have child injec There was evidence af the practice of giving injections by people without medical qualificationPoroarect In order for a D to be convicted for killing by gross negligence the following requirements must be satisfied; Breach of a duty of care owed by the B to the wictim breach ( which was grossly negligent} caused the death of the victirn ( ar caused Briewous badily haem; & iii) That breach was serious ta constitute gross negligence Abowe is regarded as t of Bateman bur was endorsed an Andrews v. OPP & in Ariomaka, jatemon {1925} 1 Cr. App.R. & ws v. OPP [1937) 2 ARK ER 552# ccerse Dats ry Pog or Involuntary Mia S203 PC capa? Where a woman causes the death af her child by a wilful act or omission Child needs to be under the age of twelve manths ft the time of act or omission balance of her mind must have been disturbed by reason of her not havina fully recovered from effect of child birth or lactation Such a wortan is guilty of a felony infanticide Liable ta be punished as ifit were the offence af manslaughterSoau me Porsarent Dareo Click to add title Need evidence to establish that birth of the child ed the balance of min of the 9 lactation that she causes the death af child emotional disturbance at the time of the com propriatePeograet Infanticide 5.203 PC cap 87 Where a woman causes the death of her child iy 4 veillul get or omission Chiled needs ta be under the age of twelve months At the time of act or omission balance of her mind must have been disturbed by reason af her not having fully recovered from effect of child birth er lactation Such a woman is guilty of a felony infanticide able to be punished as if it were the offence of manslay Need evidence to establish that birt) of the child has affected the balance of rind of the mother or due to lactation that she causes the death of child dence of serinus emetional disturlsnee at the time of the esmen commPrsgrach Tutorial Questions Homicide is always unlaveful discuss extenuating circumstances Define malice alarethought Some criminal offences are said te br offences af ‘direct intent’ while others are said to he offences of thasir intent’ Name & discuss ene offence of direct intent and one of basie intent laughter discuss & state what the decision of the court was Zambix, Discuss with reference to decided Zambian cates & stature