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'In our opinion, the offender's fault falls too far short of the unlucky result - So serious an offence as manslaughter should not be a lottery…' Explain and discuss.
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'In our opinion...[in some cases of unlawful act manslaughter] the offender's fault falls too far short of the unlucky result. So serious an offence as manslaughter should not be a lottery...' (Criminal Law Revision Committee, 1980, cited in Clarkson and Keating, Criminal Law: Text and Materials, 1998, P670.) Explain and discuss. It has long been debated that the offence classed as unlawful act manslaughter and the sentences that those found guilty of it are given are harshly exaggerated considering the defendant may have only intended a lesser offence. This is what the first part of the question is trying to pose us. Unlawful act manslaughter (UAM) is a controversial law as someone who may not have had the intention to kill or have reasonably had foreseen death can still be charged with constructive manslaughter. The 'Offenders fault' may have been to injure the victim, but they had no intention for a...
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