Degree of negligence required for manslaughter
Negligence, whether it be a ground for a claim in a civil court for compensation or an essential ingredient in the constitution of a crime, is the omission to take care where there is a duty to take care, with this difference that whereas in a civil claim there are no degrees of negligence, such degrees exist in a criminal court. Section 51 of the Criminal Code, 1960, lays down the degree of negligence necessary to constitute the felony of manslaughter in the following terms: “Whoever causes the death of another person by any unlawful harm shall be guilty of manslaughter. Provided that if the harm causing the death is caused by negligence he shall not be guilty of manslaughter unless the negligence amounts to a reckless disregard for human life.”
THE STATE v. TSIBA [1962] 2 GLR 109 [1962] SLR (SC) 43 · Supreme Court · 1962 · AKUFO-ADDO JSC
Read it in the judgmentIn explaining to juries the test which they should apply to determine whether the negligence, in the particular case, amounted or did not amount to a crime, judges have used many epithets, such as ‘culpable’, ‘criminal’, ‘gross’, ‘wicked’, ‘clear’. ‘complete.’ But, whatever epithet be used and whether an epithet be used or not, in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment.”
THE STATE v. TSIBA [1962] 2 GLR 109 [1962] SLR (SC) 43 · Supreme Court · 1962 · AKUFO-ADDO JSC
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