Reckless Manslaughter

06 Dec 2017

“Reckless manslaughter” (RM) apparently covers situations where: (i) the defendant’s act or omission caused the death of another person; (ii) the defendant was aware at the time of acting or omitting that a risk of death or serious injury existed; and (iii) the relevant risk was taken without adequate justification. This article contends that there is good reason to doubt that RM exists as an independent form of manslaughter in English criminal law. It explains why this is problematic from the perspectives of fair labelling, fair sentencing and fairness in the law of homicide.