The criminal offence of manslaughter is a serious indictable offence in NSW that can have severe consequences and lead to imprisonment. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of manslaughter in NSW.
If you or anyone you know have been accused or charged with the criminal offence of manslaughter, contact our award-winning team of specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF MANSLAUGHTER?
The criminal offence of manslaughter is defined as any other punishable homicide other than murder. It is a criminal offence pursuant to Section 18 (1) of the Crimes Act 1900 (NSW) which states that:
- 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.
- Every other punishable homicide shall be taken to be manslaughter.
WHAT IS THE PUNISHMENT FOR THE CRIMINAL OFFENCE OF MANSLAUGHTER?
Section 24 of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 25 years imprisonment for a person convicted of the criminal offence of manslaughter.
WHAT IF THE KILLING WAS LAWFUL OR BY MISFORTUNE ONLY?
Section 18 (2) of the Crimes Act 1900 (NSW) states that the definition of manslaughter under this section is not to include any act or omission which was not malicious, or for which the accused had lawful cause or excuse and that no punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
NSW GOVERNMENT ENACTS INDUSTRIAL MANSLAUGHTER LEGISLATION
The NSW Labor Government introduced the Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 (NSW), which passed the NSW Parliament on 20 June 2024 and was assented to on 24 June 2024.
The legislation amended the Work Health and Safety Act 2011 (NSW) to create an offence of industrial manslaughter, with the maximum penalties of $20 million for a body corporate and 25 years imprisonment for an individual. The offence holds businesses and individuals responsible for the death of a person, due to gross levels of negligence in workplaces.
NSW Minister for Work Health and Safety the Hon Sophie Cotsis MP described the legislation as “a deterrent and a reminder that this government takes worker safety seriously”.
The 25 year maximum imprisonment for this new offence of industrial manslaughter mirrors the penalty for manslaughter that is applicable under the offence of manslaughter in the Crimes Act 1900 (NSW), although this new offence of industrial manslaughter does not replace the offence of manslaughter that is enshrined in the Crimes Act, but rather is a separate offence.
FORMER POLICE OFFICER AVOIDS JAIL OVER MANSLAUGHTER
Former NSW Police officer Kristian White has avoided imprisonment after being convicted of the criminal offence of manslaughter for the unlawful killing of 95-year-old great grandmother Clare Nowland.
Mr White’s conviction of the criminal offence of manslaughter arose after he had tasered Mrs Nowland at the Yallambee Lodge aged care facility in Cooma on 17 May 2023, resulting in her death.
A NSW Supreme Court jury in November 2024 found Mr White guilty of the criminal offence of manslaughter. During last Friday’s sentencing in the Supreme Court of NSW, Mr White was sentenced to a two-year community correction order, as well as the requirement to perform 425 hours of community service.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of manslaughter, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning team of criminal law specialists are nationally recognised for securing the best outcomes for our clients across NSW who have been charged with the criminal offence of manslaughter.