Quote:
Originally Posted by Inner Dirt
How do you charge someone with two counts of involuntary manslaughter over one death, was the lady pregnant?
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He was charged twice for the same offense under two different statutes.
This gives the prosecution a better chance of getting a conviction.
"Involuntary
Involuntary manslaughter is the killing of a human being without intent of doing so, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories, constructive manslaughter and criminally negligent manslaughter, both of which involve criminal liability.
Constructive
Constructive manslaughter is also referred to as "unlawful act" manslaughter.[9] It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.
For example, a person who fails to stop at a red traffic light while driving a vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury[10]). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act. Reckless driving or reckless handling of a potentially lethal weapon may result in a death that is deemed manslaughter. The DPP v Newbury case had redefined the meaning of murder in the Australian constitution, and reformed in order to include a mens rea assessment.
Involuntary manslaughter may be distinguished from accidental death. A person who is driving carefully, but whose car nevertheless hits a child darting out into the street, has not committed manslaughter. A person who pushes off an aggressive drunk, who then falls and dies, has probably not committed manslaughter, although in some jurisdictions it may depend whether "excessive force" was used or other factors.
As manslaughter is not defined by legislation in Australia, common law decisions provide the basis for determining whether an act resulting in death amounts to manslaughter by unlawful and dangerous act.[11] To be found guilty of manslaughter by an unlawful and dangerous act, the accused must be shown to have committed an unlawful act which is contrary to the criminal law,[12] and that a reasonable person in the position of the accused would have known that by their act, they were exposing the victim to an "appreciable risk of serious injury".[13]
Criminally negligent
Main article: Negligent homicide
Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, and gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.
It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability.[14] A related concept is that of willful blindness, which is where a defendant intentionally puts themselves in a position where they will be unaware of facts which would render them liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako and R v Perreau).[15] Another example could be leaving a child locked in a car on a hot day.[citation needed]"
https://en.wikipedia.org/wiki/Manslaughter
