Manslaughter for road traffic accident
Our brother knocked down a pedestrian to death at a zebra cross while he was driving. He reported the accident to the Police who put him under arrest and when the Police examined him by forcing him to undergo an alcohol test, it was discovered that he was under the influence of alcohol. He was subsequently charged with manslaughter instead of a traffic offence. Is this criminal charge fairly framed?
YE, Mtwara
A person can be charged with manslaughter if he causes the death of another by a high degree of negligence or recklessness which amounts to disregard for human life. Knocking a pedestrian at a zebra crossing is itself a high level of recklessness which amounts to disregard for human life. Drivers are required to stop at a zebra crossing to allow pedestrians to cross. Secondly, driving under the influence of alcohol is also a manifestation of disregard for human life. Hence, in such circumstances, we opine that the Police were fair to charge your brother with manslaughter.