Manslaughter (ACT)

The offence of Manslaughter is one of the most serious criminal offences a person can be charged with. The maximum penalty for an offence of Manslaughter is 20 years’ imprisonment. For an aggravated offence, the maximum penalty is increased to 28 years’ imprisonment. 

An offence is aggravated if the offence involves family violence or the person was pregnant. 

What is Manslaughter?

Pursuant to section 15 of the Crimes Act 1900 (ACT) a person who does an act that results in the death of another person, that does not meet the standard of murder, will be guilty of an offence of Manslaughter. 

A person can be charged with, or found guilty of, Manslaughter if they do an act that causes another person’s death without the intention of causing their death. 

Alternatively, a person can be found guilty of Manslaughter as an alternative verdict to murder where a person might otherwise be guilty of murder, but they have successfully raised a partial-defence of provocation or self-defence. 

The following acts constitute Manslaughter:

• You punch someone in the head and you don’t intend to kill or really seriously injure them, but it results in the person’s death; or 
• You are driving a car at excessive speeds and collide with a tree, killing the passenger in your car. 

What Must Be Proven?

For a person to be found guilty of Manslaughter the prosecution must prove each of the following matters beyond a reasonable doubt:

• You did, or omitted to do, an act which caused the death of another person; and 
• The death was caused without a lawful excuse; and 
• The circumstances of the death do not amount to murder. 

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the Supreme Court. The matter will still start in the Magistrates Court and will then eventually be Committed to the Supreme Court.

Possible Defences to Manslaughter

The following defences may be available for a Manslaughter charge:

• You carried out the offence that resulted in the death of a person in self-defence;
• You were acting under duress; or 
• You were mentally impaired. 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In the ACT, a court can impose any of the following penalties for a Manslaughter charge:

• Gaol sentence;
• Intensive Corrections Order (ICO); 
• Suspended Sentence; 
• Good Behaviour Order; 
• Fine;
• Non-conviction with Good Behaviour Order; or
• Non-conviction dismissal 

The consequences of a conviction can be serious depending on what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Manslaughter might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching, and a range of government employment options. Violent offences may also result in sentences that include imprisonment, even where an individual has no previous convictions. 

Will I go to Gaol?

If you are found guilty of this offence, it is highly likely that you will be sentenced to a term of full-time imprisonment, even if you have no prior criminal history. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things. In particular, if you are found guilty of an aggravated offence, the risk of imprisonment is significantly increased. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.