Manslaughter

THINGS YOU NEED TO KNOW:

1. Manslaughter is a strictly indictable offence under Section 18 of the Crimes Act 1900 (NSW).
2. The two broad categories of manslaughter under common law are voluntary manslaughter and involuntary manslaughter.
3. The maximum penalty available to the Court for the criminal offence of manslaughter is 25 years imprisonment.
4. A number of defences against a conviction of manslaughter are available, including self-defence.
5. Manslaughter matters are heard in the District and Supreme Court.

The criminal offence of manslaughter is a serious offence with severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF MANSLAUGHTER?

The criminal offence of manslaughter is defined as any other punishable homicide other than murder.

Manslaughter 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 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.

WHAT IS THE PENALTY 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.

CATEGORIES OF MANSLAUGHTER

There exist two broad categories of the criminal offence of manslaughter at common law: voluntary manslaughter and involuntary manslaughter.

VOLUNTARY MANSLAUGHTER

Voluntary manslaughter occurs where the elements of the criminal offence of murder are present, but the offender’s culpability is reduced due to provocation or substantial impairment by abnormality of mind. Manslaughter by excessive self-defence is also a form of voluntary manslaughter.

A person may be convicted of the criminal offence of manslaughter arising out of a charge of the criminal offence of murder.

INVOLUNTARY MANSLAUGHTER

Common law establishes two types of involuntary manslaughter:

• Manslaughter by unlawful and dangerous act: Where the accused causes the death by a voluntary act that was unlawful and dangerous.
• Manslaughter by criminal negligence: Where the act or omission of the accused which caused the death of the victim was committed by the accused consciously and voluntarily, without any intention of causing death or grievous bodily harm but in circumstances which involved such a great falling short of the standard of care which a reasonable person would have exercised and which involved such a high risk that death or grievous bodily harm would follow that the doing of the act merited criminal punishment. There must have existed a duty of care of the accused to the victim.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF MANSLAUGHTER?

Self-Defence: Self-Defence is a defence against a conviction of manslaughter provided that the conduct of self-defence was carried out to defend the accused or another person or to prevent or terminate the unlawful deprivation of the accused’s liberty or the liberty of another person. The conduct constituting self-defence must be a reasonable response in the circumstances as the accused perceived them.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of manslaughter in circumstances where the criminal offence of manslaughter must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Duress: You may defend a manslaughter charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Did not commit the act: That you did not commit the act or omission that the prosecution alleges.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF MANSLAUGHTER?

Examples of actions that may constitute the criminal offence of manslaughter include, but are not limited to:

• Parents failing to seek medical assistance for their child’s life-threatening illness, leading to the death of their child.
• Using excessive self-defence in a brawl.
• A person failing to provide their elderly parent, for whom they are the carer and Power of Attorney, with the food, drink and medicine necessary for their survival.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF MANSLAUGHTER?

If you are convicted of the criminal offence of manslaughter, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence
• Criminal history
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE MANSLAUGHTER OFFENCES HEARD IN?

The criminal offence of manslaughter is heard and finalised in the District and Supreme Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including manslaughter offences in the District and Supreme Court.

CAN I GET BAIL FOR A MANSLAUGHTER CHARGE?

You may be granted bail on a charge of manslaughter. Our expert criminal lawyers at Criminal Lawyers Group are the leading law firm in securing bail for clients charged with serious criminal offences, including manslaughter.

WHAT ARE YOUR OPTIONS?

When facing a manslaughter charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.