Involuntary Manslaughter
Involuntary manslaughter is a crime relating to the death of a person resulting from an act that was not intended to cause death or serious injury. Although this crime is different to murder, it is still a serious act that comes with serious consequences. People who are found guilty of committing involuntary manslaughter may face a prison sentence, suspended sentence, or community sentence.
If you have been arrested or charged on suspicion of committing involuntary manslaughter, it is essential to seek legal representation right away. At JD Solicitors, our criminal defence experts can deliver the best legal advice for the right result.
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What is involuntary manslaughter?
Involuntary manslaughter is the act of causing a person’s death with no intention to kill them or cause them serious harm. The death is a result of gross negligence or recklessness, rather than being an intentional death or injury. Recklessness involves an act that is dangerous or unlawful that the individual has committed without care for the damage it could cause. Gross negligence can be either an act or inaction taken by the individual that led to a death.
What Is Unlawful Act Manslaughter?
If a person can be shown to have intentionally committed an act that directly contributed to the death of another person, they can be found guilty of involuntary manslaughter as a result of an unlawful or dangerous act (recklessness). Several factors will be assessed by the prosecution to establish if this is the case. The prosecution will look at the dangerousness of the act, whether the act caused the death, and that there was knowledge of wrongdoing on behalf of the accused.
What Is Involuntary Manslaughter By Gross Negligence?
An individual can be found guilty of involuntary manslaughter by gross negligence if they had a duty of care to the deceased. If they are grossly negligent in their duty, either due to something they did or didn’t do that they should have, this crime could be applicable to the situation. The prosecution will assess whether the defendant owed a duty of care to the victim and if that duty of care was breached. The courts will also determine if the breach of care contributed to the person’s death and whether the negligence was gross, meaning that it showed a significant disregard for life and safety.
What Is the Likely Sentence for Involuntary Manslaughter?
Sentencing for involuntary manslaughter depends on a number of factors. The sentencing guidelines set out maximum sentences and what factors should be taken into account when determining the sentence for involuntary manslaughter. The sentence could be a prison term, a suspended custodial sentence, or a community sentence.
The Sentencing Council for England and Wales states that the offence range for unlawful act manslaughter is 1-24 years in custody. Gross negligence manslaughter has an offence range of 1-18 years’ custody. The sentence will depend on the culpability of the person convicted, which can fall within four different categories, as well as a number of potential aggravating factors.
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