HOMICIDES: MANSLAUGHTER

TOPIC OF THE DAY

- DEFINITION OF MANSLAUGHTER

- CLASSIFICATION OF MANSLAUGHTER

- UNLAWFUL MANSLAUGHTER

- STANDARD OF DANGEROUSNESS

- ACT OF OMISSION

- MENS REA OF MANSLAUGHTER

- KILLING BASED ON RECKLESSNESS

- CIVIL AND CRIMINAL NEGLIGENCE

Definition of Manslaughter

Manslaughter is defined as the unlawful killing of a human being without malice aforethought. It is a less severe charge than murder and typically involves situations where the perpetrator did not intend to cause death or serious harm. In Nigeria, manslaughter is governed by the Criminal Code in section 317 which defines manslaughter and outlines the punishment and section 319 which details the punishment for manslaughter, which can include life imprisonment and the Penal Code section 222 which defines culpable homicide not amounting to murder, which is equivalent to manslaughter and section 224 which prescribes the punishment for culpable homicide not amounting to murder, which can include imprisonment or death in certain circumstances.

Classification of Manslaughter

Manslaughter is generally classified into two main categories namely;

1. Voluntary Manslaughter: This occurs when a person kills another in the heat of passion, provoked by the victim, and without a prior intent to kill. The classic example involves a situation where the killer is provoked to a point of losing self-control.

2. Involuntary Manslaughter: This occurs when a person kills another without intending to do so, typically due to reckless or negligent behavior. This can be further subdivided into:

a. Unlawful Act Manslaughter: This is the killing resulting from an unlawful act that is dangerous and likely to cause harm.

b. Gross Negligence Manslaughter: This is the killing resulting from a grossly negligent act or omission that shows a disregard for the life and safety of others.

Unlawful Manslaughter

Unlawful manslaughter, also known as constructive manslaughter, occurs when a person commits an unlawful act that results in the death of another person. The act must be both unlawful and dangerous. An example would be a person committing an assault that inadvertently results in the victim's death. See the case of R v. Ikomi (1949) 12 WACA 408 where the defendant's act of administering an excessive dose of medicine led to the victim's death. The court found the act to be unlawful and dangerous, resulting in a conviction for manslaughter.

Standard of Dangerousness

The standard of dangerousness in manslaughter cases refers to whether the unlawful act was such that all sober and reasonable people would inevitably recognize it as an act that subjects another person to, at least, the risk of some harm resulting from it. It does not require that the accused intended to cause harm or that they foresaw the harm.

Act of Omission

Manslaughter can also occur through an act of omission, where the accused fails to fulfill a duty of care towards the victim, resulting in death. This is often seen in cases of gross negligence manslaughter. See the case of R v. Adekoya (1959) 4 FSC 207 where the defendant was convicted of manslaughter due to neglecting to provide necessary medical care for his child, leading to the child's death.

Mens Rea of Manslaughter

The mens rea, or mental state, required for manslaughter varies depending on whether the charge is for voluntary or involuntary manslaughter. For voluntary manslaughter, the mens rea includes an intent to kill or cause serious harm but mitigated by provocation or diminished responsibility. For involuntary manslaughter, the mens rea typically involves recklessness or gross negligence.

Killing Based on Recklessness

Recklessness involves the accused foreseeing that their actions might cause death or serious harm but proceeding anyway. This state of mind falls short of the intention required for murder but is sufficient for manslaughter. See the case of R v. Onwudiwe (1957) 2 FSC 10 where the defendant's reckless driving resulted in a fatal accident. The court found that the defendant foresaw the risk of harm but continued with the reckless behavior, leading to a conviction for manslaughter.

Civil and Criminal Negligence

Negligence, in the context of manslaughter, refers to the failure to exercise a reasonable standard of care that results in the death of another person. This can be divided into:

1. Civil Negligence: This is the breach of duty of care resulting in harm or loss, typically addressed through civil litigation and compensation.

2. Criminal Negligence: This is a more severe form of negligence where the breach of duty is so egregious that it warrants criminal penalties. This involves a gross deviation from the standard of care expected, resulting in manslaughter charges. See the case of R v. Adeyemi (1944) 10 WACA 27 where the defendant, a nurse, was found criminally negligent after failing to properly administer a life-saving procedure, resulting in the patient's death.