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Manslaughter
Manslaughter charge
Manslaughter is the term used to describe a killing or homicide when the offender is less guilty than a murder. It can be voluntary or involuntary. Types of voluntary manslaughter defences include provocation, heat of passion, imperfect self-defence (when the offender unreasonably believes that death is needed for his/her self-defence), or diminished responsibility (due to a mental condition). Involuntary manslaughter is usually due to recklessness or extreme negligence (such as a death resulting from drink driving).
The Law
Section 18 of Crimes Act states:
Murder and manslaughter defined
(1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
(b) Every other punishable homicide shall be taken to be manslaughter.
(2) (a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
Maximum penalty
Section 24 of Crimes Act states that Whosoever commits the crime of manslaughter shall be liable to imprisonment for 25 years: Provided that, in any case, if the Judge is of the opinion that, having regard to all the circumstances, a nominal punishment would be sufficient, the Judge may discharge the jury from giving any verdict, and such discharge shall operate as an acquittal.
What the police must prove -
In order for the Ppolice to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
A homicide without the intent to kill A homicide without reckless indifference to human lifeIt will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible defences
Possible defences to this offence include but are not limited to
1. Duress2. Necessity
3. Self Defence
4. Insanity
What court is likely to hear the matter
This matter is strictly indictable which means that it can only be finalised in the Supreme Court.
Disclaimer
The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.
It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.
Phone: 02 9261 4555 Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
