Hit and Miss?: An Elementary Analysis of Domestic Criminal Statutes and Involuntary Manslaughter in Fatal Maritime Collisions and near Miss Incidents

Abstract

Marine criminal law is all at sea. Indeed, even the very definition of a ‘ship’ is a matter of considerable judicial and academic debate. There are numerous possibilities in criminal charges following a maritime incident, but very little research or case analysis on the nature of, or approach to, maritime matters in criminal law. This is arguably partly due to their fre­ quency being somewhat less than ‘traditional’ crime, but also as a result of such cases being heard routinely in the lower courts, at a local level, and so being unreported. As a result, it is arguably difficult to predict the verdict or sentence in cases which arise. Nevertheless, when a serious incident does occur, both traditional and maritime criminal offences and charges may be considered, and even international collision regulations may be enforced by means of domestic criminal law. The problem remains, however, of a lack of reported cases, or of any focused academic analysis of domestic maritime criminal law, and the effect that this may have upon such cases in practice. It is possible that this Comment may be the first to consider this specific area in any depth, with most existing literature being of only peripheral relevance to analysis here. The lack of critical evaluation of this area of law places both practitioners and mariners in an awkward predicament, as the law may not be particularly certain, and many practitioners may be unacquainted with the criminal law for mariners, or how to advise a client in this respect following an emergency incident. Furthermore, there are considerable evidential issues at sea, caused mostly by shipboard evidence being gathered by crew members in less than ideal conditions, but used in cases. It is, however, a matter of admissibility and evidence, which is outside the scope of this Comment as it is more relevant to cases of ship­ board incidents of a shore­similar nature. This Comment is on the applica­ tion of domestic criminal statutes to maritime collisions and near miss incidents, where evidence, though still an issue, is not the main matter to discuss. The application of domestic criminal statutes to serious maritime incidents will be considered below by reference to black letter law. For the