Donate SIGN UP

Is There Such A Crime

Avatar Image
bednobs | 17:56 Mon 05th Aug 2019 | Law
19 Answers
as attempted manslaughter?
Gravatar

Answers

1 to 19 of 19rss feed

Best Answer

No best answer has yet been selected by bednobs. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Yes ... Attempted manslaughter is causing an injury that in some instances might result in death but doesn't.
I can't see how.
that would be GBH alavahalf
I don’t think so. Manslaughter is unintended killing so I don’t think it can be ‘Attempted’ which would imply intentionality - the charge would normally be attempted murder
I would guess the closest is GBH with intent.
I'm no expert but that is how I read it ..

Manslaughter is when you kill someone but it wasn't pre- planned.

Attempted manslaughter is causing an injury that in some instances might result in death but doesn't.
As manslaughter, by definition, is unintentional killing, there can be no such offence as 'attempted manslaughter'. That was specifically stated in R v Creamer [1966].

Alavahalf's interpretation might possibly apply in the USA, where there is an offence of 'attempted manslaughter' on the statute books but most definitely not in the UK.
Will take a seat on this one, I suppose everything you read on the internet isn't true ..

https://en.wikipedia.org/w/index.php?search=Attempted+manslaughter&;ns0=1
I thought bedknobs was asking if such a crime existed, not if it was relevant in the UK.
I'll be amazed if you can find any link to a reference to 'attempted manslaughter' in a British court of law, Alavahalf, other than R v Creamer (where the judge said, in passing, that no such offence exists).
Like I said Chris .. I wasn't aware of any reference to UK law in the OPs question .. scan your eyes over a fairly recent case, albeit in the USA. What was the officer charged with ?

https://en.wikipedia.org/wiki/Shooting_of_Charles_Kinsey
it would have to be attempted murder, wouldn't it? Nobody tries to accidentally kill someone.
Has to be in the country of the forum as it's unreasonable to expect some
What the heck has this site done with the second half of my post ? It was all simple alphabet characters.

Manslaughter is when you kill someone but it wasn't pre planned. Attempted manslaughter is causing an injury that in some instances might result in death but doesn't.
//I would guess the closest is GBH with intent.//

No it isn't. There is no relationship between manslaughter and GBH with intent. The very essence of manslaughter is that the death is unintentional - i.e. there is no intent.

Manslaughter is when you kill somebody with no intention of doing so. A classic version of the offence is "single punch" manslaughter. A punch is thrown which in normal circumstances would simply result in a black eye. But the victim dies because, say, he has a thin skull or falls and hits his head. You cannot "attempt" to do that. If you set out to kill somebody and succeed it is murder; if they die at your hand but you did not intend for them to do so it is manslaughter.
No one has mentioned the Attempts Act which kinda changes things or not

rising to the challenge of not finding att. manslaughter in a british court - it comes up in BAILLI

z v Finland

https://www.bailii.org/cgi-bin/format.cgi?doc=/eu/cases/ECHR/1997/10.html&;query=(%22attempted+manslaughter%22)#disp1

and a whole load of other cases
BUT 1. stinky europeans
and 2. in these heady days of Hard Brexit whether you think such cases are part of British Law or just advisory - or nothing
3. whether manslaughter in this translation exactly matches the european counterpart. Thpanith homocidio doloso cd be quite different from manslaughter.

[mein gott it sounds as tho I am an underemployed lawyer itching for a fee innit? oops doesnt it my lord, I mean ]

R v Creamer doesnt come up in BAILII
Yes but the definition of manslaughter varies from country to country.

In the UK it refers to the "reckless" rather than intentional taking of a life. Reckless means careless and with no regard for the possible consequences. In my "single punch" example (which I think is probably the easiest way to understand manslaughter) the assailant does not set out to kill his victim. The death occurs because of a set of circumstances that he should have foreseen but didn't. So he was reckless. You could say the death was accidental. You cannot attempt to kill somebody accidentally.

1 to 19 of 19rss feed

Do you know the answer?

Is There Such A Crime

Answer Question >>