Current English Law Essay

In relation to involuntary manslaughter what criticisms sens be made of the current law. At present in position legal system there atomic number 18 two homicide offences murder and manslaughter. For the near unspoiled, murder proof of an intention to kill or cause serious trauma is claimed for a successful conviction. If a partial defensive measure is used in circumstances, such as provocation or otiose responsibility, then the offence is wizard of voluntary manslaughter. However, if someone kills ex motionly did non intend to cause death or serious harm scarce there was a death then they are liable to be convicted of involuntary manslaughter.There are numerous criticisms attached to Involuntary manslaughter as it covers a wide range of behaviour which can cause death, although one of the most prosecuted common law offences it is non yet become report to any statutory definition or change and is in need of reform. Although Involuntary manslaughter is split up into two offences Gross heedlessness manslaughter and shaping/unlawful manslaughter a general criticism of involuntary manslaughter is that there are two major problems with the wide range of conduct covered by the offence.The offences range from cases which just fall short of murder where the accused was advised there was a risk of death or serious harm but did not intend to cause either to the victim (R v Wacker), cases where the mortal is a experienced professional who makes a small but serious mistake resulting in death ( R v Adomako) and cases whereby a minor assault can end in death (R v Mitchell).This leads to problems in sentencing and labelling, including the fundamental problem that umpteen cases currently amounting to unlawful act manslaughter involve only minor fault on the part of the defendant, and thence should not be described as manslaughter at all. The law military commission have likewise identified a problem specific to formative manslaughter the stated it is wr ong for a defendant to be liable for a death which he did not intend or foresee, and which would not eventide have been foreseeable by a reasonable person observe his conduct.It is a huge problem as it only requires a foreseeable risk of causing some harm not death a proposal for reform is that there should be the abolition of constructive manslaughter this would not allow defendants to escape liability as they would be liable for the freshly proposed offence of Reckless Killing. They also identified problems specific to gross negligence manslaughter. Gross negligence manslaughter depends on the defendant owing a concern of care to the victim and the seriousness of the breach of that duty A person can be liable for omissions as well as acts.In the case of Adomako it mixes the civil concepts of negligence and duty of care with that of criminal liability, creating capitulum amongst cases as the gross negligence offence is based around a duty of care not civil matters. There are many inconstancies as The test in Adomako is circular the jury is to convict the defendant of a crime if they believe the conduct was criminal. This leaves a question of law to be decided by the jury who do not give reasons for their decisions or need to. The use of subjective recklessness manslaughter is also stated to be unneeded since Adomako.