What is the average involuntary manslaughter sentence in the UK?

Killing someone by accident is one of the most stressful situations someone can find themselves in. Not only is it an immense event to come to terms with personally, but it can also have massive legal implications if you are then charged with involuntary manslaughter. 

Below, we outline some of the main things to know about involuntary manslaughter sentencing, including average sentences and a brief description of the two specific offences that are included under the term involuntary manslaughter.

 

In short

There is a broad range in terms of sentencing for involuntary manslaughter, with a maximum sentence of life imprisonment and a sentencing average of around 9 years’ custody. 

The exact sentence you will receive will depend on a wide array of factors, which you will need to go through with your criminal defence solicitor. 

 

What is involuntary manslaughter?

Involuntary manslaughter applies in cases where someone causes the death of another person, without the intention of killing or seriously harming them. 

The main difference from murder or voluntary manslaughter then is intent. While the offender may be guilty of an unlawful act or of negligence, they will not have intended to kill the victim. 

 

Two types of involuntary manslaughter

Involuntary manslaughter can be divided into two specific common law offences. 

Unlawful act manslaughter

Unlawful act manslaughter applies in situations where someone causes the death of another person through intentionally committing a dangerous and unlawful act. 

That could include injecting an illegal drug, or even throwing a punch. Importantly, it is a constructive offence, which means that the offender must have actively done something, rather than merely failed to act.

Gross negligence manslaughter

Gross negligence manslaughter applies in situations where someone’s grossly negligent action, or failure to act, directly causes someone to die. 

The prosecution must generally prove five components, including a legal duty of care, a serious breach of that duty, an obvious and foreseeable risk of death or serious harm, clear causation, and conduct that was so bad that it is criminal rather than civil. 

 

Impacting factors on sentencing

The factors that will impact the sentence found in involuntary manslaughter will often be related to whether or not the offender has been charged with unlawful act manslaughter or gross negligence manslaughter. 

However, both offences will generally come down to an assessment of culpability. 

Those who acted where there was an egregious and obvious risk to life, with borderline intent to harm, will be found highly culpable, while those who acted with no intent to harm, and where there was no obvious risk of harm, will likely be found to be less culpable. 

Harm, in manslaughter cases, will always be of the utmost seriousness, due to the nature of the crime. 

Manslaughter is one of the most serious offences you can find yourself accused of, and it is imperative that you deal with it appropriately. Seek advice from a solicitor with experience in these kinds of cases as soon as reasonably possible, so that you can get to work on an appropriate defence.