Att. Gen. v O'Neill [1992] JLR 234 (06 November 1992)

Att. Gen. v O'Neill [1992] JLR 234 (06 November 1992)

The court held that the mens rea for manslaughter in Jersey law includes not only subjective recklessness but also criminal negligence so serious that it warrants criminal punishment, not merely civil compensation.

Citation
[1992] JLR 234
Parties
Applicant: Attorney General; Respondent: O'Neill
Jurisdiction
Jersey
Judgment Date
06 November 1992
Procedural Posture
Criminal / Judgment
Outcome
judgment for applicant
Legal Topics
Manslaughter, Mens Rea, Criminal Negligence, Recklessness
Criminal Law Manslaughter Mens Rea Criminal Negligence Recklessness

Case Brief

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Parties

Attorney General

Applicant

O'Neill

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 What constitutes the mens rea for manslaughter in Jersey law?
  2. 2 Does criminal negligence or recklessness suffice for criminal liability in manslaughter cases?

Ratio Decidendi

The court held that the mens rea for manslaughter in Jersey law includes not only subjective recklessness but also criminal negligence so serious that it warrants criminal punishment, not merely civil compensation.

Court Disposition

judgment for applicant