In cases of manslaughter by criminal negligence, which statement best describes the required intent?

• A. No intent to kill is required; a breach of a duty of care can be enough
• B. Intent to kill is required
• C. Premeditation is required
• D. Malice aforethought is required

Answer: (A)

The key idea is the mental element in criminal negligence manslaughter. This offence rests on the offender’s failure to meet a duty of care in a way that is grossly negligent or reckless, not on any intention to kill. Because there is no plan or desire to cause death, no intent to kill is required. If the person’s breach of duty creates a substantial and unjustifiable risk and that conduct causes death, they can be criminally liable even without an intent to kill. This is why a breach of duty of care can be enough to establish the fault element.

By contrast, requiring an intent to kill, premiditation, or malice aforethought would point to murder, not to manslaughter by criminal negligence.