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7.2.3.2 - Checklist: Negligent Manslaughter

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Four elements the prosecution must prove beyond reasonable doubt:

  1. The accused owed the victim a duty of care; and
  2. The accused breached the duty of care by being criminally negligent; and
  3. The act which breached the duty of care was committed consciously, voluntarily and deliberately; and
  4. The accused’s breach of the duty of care caused the victim’s death.

 

Duty of Care

1. Did the accused owe the victim a duty of care?

If Yes, then go to 2.

If No, then the Accused is not guilty of Manslaughter

Criminal Negligence

2. Did the accused breach the duty of care by being criminally negligent?

Consider – Did the accused’s conduct fall so far short of the standard of care a reasonable person would have exercised, and hold such a high risk of death or really serious injury, that it deserves criminal punishment?

If Yes, then go to 3.

If No, then the Accused is not guilty of Manslaughter

Conscious and Voluntary

3. Was the accused’s act which breached the duty of care committed consciously, voluntarily and deliberately?

If Yes, then go to 4.

If No, then the Accused is not guilty of Manslaughter

Causation

4. Was the accused’s criminal negligence a substantial or significant cause of the victim’s death?

If Yes, then the accused is guilty of Manslaughter
(as long as you have also answered Yes to questions 1, 2 and 3).

If No, then the Accused is not guilty of Manslaughter

 

Last updated: 4 March 2011

See Also

7.2.3 - Negligent Manslaughter

7.2.3.1 - Charge: Negligent Manslaughter