Manslaughter - Definition - Law Dictionary Home Dictionary Definition manslaughter

Definition :

Manslaughter, the unlawful killing of another without malice express or implied. It is either--

(a) Voluntary, upon a sudden heat; or,

(b) Involuntary, upon the commission of some other unlawful act, or by culpable negligence.

Both are felony, and punished, at the discretion of the Court, by penal servitude for life, or not less than three yeas, or by a fine.--(English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), s. 5.

On the principle that any greater felony includes a less felony, a person indicted for murder may be convicted of manslaughter. See Steph. Dig., art. 272. See MURDER.

A high degree of negligence is required before a charge of manslaughter can be established--the breach of a statutory duty causing death is not necessarily manslaughter, Andrews v. Director of Public Prosecutions, 1937 AC 576. See CHANCE