The free library44 of 195 Violence

Manslaughter

Common law

An unlawful killing without the intention needed for murder, or a murder reduced by a partial defence.

Manslaughter · Common lawCard 44 / 195

Points to prove

Unlawful act manslaughterDid an unlawful act (a criminal offence)
Unlawful act manslaughterThe act was dangerous – a sober and reasonable person would inevitably recognise the risk of some harm
Unlawful act manslaughterThe act caused the death of another person
Gross negligence manslaughterOwed the victim a duty of care
Gross negligence manslaughterBreached that duty, creating an obvious and serious risk of death
Gross negligence manslaughterThe breach caused the death
Gross negligence manslaughterThe breach was so bad that it should be judged criminal

Key definitions

Unlawful act – it must be a crime, such as an assault or criminal damage. Civil wrongs do not count. The defendant needs only the mental element of that crime, not an intention to cause death or serious harm.
Dangerous – an objective test: would a sober and reasonable person realise the act carried a risk of some physical harm, even if not serious harm (R v Church 1966)? The defendant need not realise it.
Gross negligence – the test comes from R v Adomako 1994. The risk of death must have been obvious and serious to a reasonable person at the time of the breach.
Voluntary manslaughter – the defendant had the intention for murder, but a partial defence applies: loss of control (Coroners and Justice Act 2009, s.54), diminished responsibility (Homicide Act 1957, s.2) or a suicide pact (Homicide Act 1957, s.4).

Defences

Self-defence – a full defence where the force used was reasonable in the circumstances as the defendant believed them to be.

Good to know

Voluntary manslaughter only arises on a murder charge. The partial defences do not apply to any other offence.
The maximum is life imprisonment, but the court has a free choice of sentence. It is not mandatory.
Related offences include corporate manslaughter (Corporate Manslaughter and Corporate Homicide Act 2007) and causing or allowing the death of a child or vulnerable adult (Domestic Violence, Crime and Victims Act 2004, s.5).

Legislation: Common law (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Manslaughter: questions people ask

What are the points to prove for manslaughter?

1. Did an unlawful act (a criminal offence) 2. The act was dangerous – a sober and reasonable person would inevitably recognise the risk of some harm 3. The act caused the death of another person 4. Owed the victim a duty of care 5. Breached that duty, creating an obvious and serious risk of death 6. The breach caused the death 7. The breach was so bad that it should be judged criminal

What is the maximum sentence for manslaughter?

Life imprisonment.

Is manslaughter a summary, either-way or indictable offence?

Manslaughter is indictable only: it can only be tried in the Crown Court.

Is manslaughter a statutory offence?

No. Manslaughter is an offence at common law, defined by the courts rather than an Act of Parliament.

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