NIGERIAN LAW CLAZ

Learn the Law with M.P Daniel...

WELCOME TO NIGERIAN LAW CLAZ

LightBlog

UPDATES

26 Aug 2021

THE LEGALLY RECOGNISED TYPES OF MANSLAUGHTER

 


There are basically two classes of manslaughter which are namely;

                    i.     Voluntary Manslaughter.

                  ii.     Involuntary Manslaughter.

Voluntary Manslaughter: this form or class of manslaughter arises where a person intentionally causes the death of another party, but who instead of murder would have his punishment reduced to manslaughter where he pleads provocation and succeeds. The success or otherwise of the plea of provocation  - to have the punishment reduced to manslaughter is depended on whether the defendant is able to prove all the ingredients of provocation provided for by the provision of section 318 of the Criminal Code and others which were given life to in a plethora of judicial decisions.

Involuntary Manslaughter: this occurs where a person causes death under circumstances that he did not intend to kill and did not foresee death as a probable consequence of his conduct, but there is some blameworthiness such as gross negligence in his conduct. It may also occur where death is the result of an unlawful act which involves the risk of harm to another. Being an unintentional killing it follows that there can be no attempt to conspire to commit involuntary manslaughter.


No comments:

Post a Comment

Leave your comment below