How to distinguish between voluntary and involuntary manslaughter

In both cases a death has occurred. We all know that for someone to be guilty of murder they must have satisfied the actus reus and the mens rea, they must have unlawfully caused the death and they must have had the intention to do so or to cause grievous bodily harm. The main difference between murder and manslaughter is that the judge in ordering the sentence has a discretion and can choose the kind of sentence to be given to the defendant, in the case of murder however, the judge has no discretion whatsoever and must give the mandatory life sentence.As we distinguished between murder and manslaughter in general, let us look at the types of manslaughter. To begin with, let us look at the words voluntary and involuntarily. Voluntary simply means done deliberately or willingly or of one's own will. Involuntary means done unwillingly, and not deliberately and not of one's own will. Thus, in both cases we are arguing that the defendant has caused a death, in the case of Voluntary manslaughter we are arguing the defendant caused the death deliberately , voluntarily and was not forced in any way whatsoever, however, the defendant is arguing that though they caused the death deliberately they have a defence, this could be loss of self control, diminished responsibility and etc and due to this defence they want the murder dropped to manslaughter . For example, Linda hated Samuel because Samuel use to pick on her and mock the fact that she had braces, calling her ugly, Linda gets so angry one night she takes a knife and stabs Samuel. Linda has intentionally killed Samuel, however Linda may argue she did it due to loss of self control due to the fact that Samuel was always picking on her, if successful it will drop the crime from murder to voluntary manslaughter. Thus voluntary manslaughter is basically murder but with a defence. In the case of Involuntarily manslaughter we are arguing the defendant did not cause the death deliberately or voluntarily. They did not kill the victim intentionally. Instead, they would have done it either recklessly, or negligently, however, they never had intention to kill the victim. For example, Ana is texting with on the phone with her best friend Michelle while driving , she knows what she is doing is wrong but continues to do it, because they are enjoying the conversation, Linda then hits Mathew who was crossing the road after the green light had turned on for the zebra crossing. Mathew dies. Linda has caused Mathew's death although she did not do so of her own will. This is involuntarily manslaughter.

Answered by Lisa-Marie O. Law tutor

22272 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

What is murder and who defined it?


What is 'intention' in the criminal law?


What is the difference between recklessness and intention?


The law on the non-fatal offences against the person has been subjected to frequent criticism but little reform has been attempted. Evaluate the current law and suggest what reforms may be desirable.


We're here to help

contact us iconContact usWhatsapp logoMessage us on Whatsapptelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

© MyTutorWeb Ltd 2013–2024

Terms & Conditions|Privacy Policy