Manslaughter

Abstract

There are two basic types of manslaughter, usually called voluntary and involuntary manslaughter. In the case of involuntary manslaughter the accused lacks malice aforethought, the mens rea for murder. Voluntary manslaughter is different: it exists in cases where both the actus reus and mens rea of murder are present, but an additional factor exists, which operates as a partial defence to murder reducing it to manslaughter. At common law there was only one such factor, provocation. The Homicide Act 1957 created two further categories (diminished responsibility and suicide pact) as well as amending the common law on provocation. These special defences fall between ordinary defences (such as self-defence) which exonerate completely, and mitigating factors which make no difference to criminal liability (legal guilt or innocence) but which can be taken into account by the judge at the sentencing stage. They are needed in the case of murder because it is an offence with a mandatory sentence of life imprisonment and therefore no sentencing discretion for the judge. For lesser offences, such as an assault, a matter such as provocation can be taken into account in the sentence. It is not only the question of sentence that is important; voluntary manslaughter removes the stigma of a conviction for murder.