Chapter

Violating Physical Integrity: Manslaughter by Intentional Attack

Jeremy Horder

in Homicide and the Politics of Law Reform

Published in print July 2012 | ISBN: 9780199561919
Published online September 2012 | e-ISBN: 9780191743306 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199561919.003.0005

Series: Oxford Monographs on Criminal Law and Justice

Violating Physical Integrity: Manslaughter by Intentional Attack

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This chapter defends so-called ‘one punch’ manslaughter. It argues that when an intentional attack on another's physical integrity results in the other's death, that should be manslaughter. In that regard it should not matter that death was not foreseen or not likely to occur: these considerations instead pertain respectively to reckless manslaughter or manslaughter by gross negligence. When someone intentionally attacks another's physical integrity, they attack an interest in preserving that integrity — an interest wherein being alive is a constituent element. There is, thus, a connection of intrinsic value, and not just of brute causation, between attacks on another's physical integrity and the loss of their life. The current law is criticised for having extended manslaughter well beyond such cases. The chapter also discusses the relationship between ‘horrific’ crime, violative crime, and what counts as an invasion of another's interests.

Keywords: manslaughter; physical integrity; intentional attack; horrific crime; violative crime; intrinsic value

Chapter.  9679 words. 

Subjects: Criminal Law

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