ABSTRACT

The actus reus is fundamentally the same for manslaughter. Causation was dealt with in Chapter 2.

10.1.1 Human being: birth A foetus that is killed in the womb cannot be a victim of homicide, although there are other (statutory) offences (see below). When does a foetus become a person in being? It appears that the child must be wholly expelled from the mother (Poulton (1832) 5 C & P 329) and have a separate existence from her (Enoch (1833) 5 C & P 539).