Manslaughter

Manslaughter is defined as unlawful killing without the intent to kill or cause grievous bodily harm. In New South Wales, it is dealt with under section 18 of the Crimes Act 1900, and in the ACT under section 15 of the Criminal Code 2002. The offence differs from murder because it does not require the prosecution to prove that the accused intended to kill the victim.

There are four main categories of manslaughter:

1. Criminal negligence
2. Unlawful and dangerous acts
3. Excessive self-defence
4. Omissions (failing to act when a duty of care exists)

To secure a conviction for manslaughter, the prosecution must prove, beyond reasonable doubt, at least one of the following:

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‍1. Criminal Negligence

• The accused owed the deceased a legal duty of care.
• The accused breached that duty through conduct that fell far below the standard expected of a reasonable person.
• The breach of duty caused the death of the victim.
• The negligence was so gross as to warrant criminal punishment.

2. Unlawful and Dangerous Act

• The accused committed an act that was both unlawful and dangerous.
• A reasonable person in the same position would have recognised the act posed a serious risk of harm.
• The act directly caused the victim’s death.

3. Excessive Self-Defence

• The accused believed they were acting in self-defence but used more force than was reasonably necessary in the circumstances.
• The force used was disproportionate, resulting in death.

4. Omission to Act (Duty of Care)

• The accused had a legal duty to act (e.g. parent to child, caregiver to vulnerable adult).
• They failed to act in a way a reasonable person would.
• The failure to act caused the death.

A skilled criminal defence lawyer may raise one or more of the following defences, depending on the facts of your case:

• Self-defence (if it can be proven that the use of force was reasonable)
• Duress (if you were forced to act under threat)
• Necessity (if you acted to prevent a greater harm)
• Automatism (if the act was involuntary due to a medical or mental condition)
• Mental illness (under the Mental Health Act)

Each defence requires specific legal arguments and may lead to an acquittal or reduction in charges.

Manslaughter carries serious penalties across Australia.

• The maximum penalty is 25 years imprisonment in NSW and the ACT.
• However, average sentences vary and are significantly influenced by the circumstances of the offence.
• In many cases, manslaughter convictions result in prison terms of 5 to 10 years, with an average non-parole period of around 4.5 years.
• Depending on the case, alternative penalties such as community correction orders, intensive correction orders, or even section 10 dismissals may apply.

Sentencing factors include the nature of the act, level of negligence or recklessness, remorse shown, and any prior criminal history.