Manslaughter-Involuntary & Voluntarily

If you have been charged with manslaughter it means that you have unintentionally or accidentally caused the death of another person through your actions. There are two types of manslaughter: Voluntary manslaughter and Involuntary manslaughter.

Voluntary Manslaughter

Voluntary manslaughter is when your conduct has caused the victim’s death in circumstances of provocation, excessive self-defence, intoxication or while you had a ‘substantial impairment by abnormality of mind’. In law, Manslaughter is considered to have a lesser scope of criminality than murder.

Involuntary Manslaughter

Involuntary manslaughter is where you had no intention to cause the death of another person, but your conduct fits into one of the following categories:
1) An unlawful and dangerous act carrying with it an appreciable risk of serious injury; or
2) Criminal negligence with a high risk that death or grievous bodily harm will follow.
Section 18 of the Crimes Act 1900 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.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that the deceased person’s death was caused due to:

• • An unlawful and dangerous act where your actions carried an appreciable risk of serious injury or
  • Criminal negligence where you owed a duty of care, and a reasonable person would have known that your negligence would have caused death or grievous bodily harm or
  • Excessive self-defence which led to manslaughter where you used force which resulted in the intentional or reckless killing of the other person, you were aware that your conduct was excessive

If the prosecution fails to prove the elements related to the charge, then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of Manslaughter, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.
It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The offence of Manslaughter carries a maximum penalty of 25 years imprisonment in the District Court or Supreme Court. If you are facing charges of Manslaughter call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best advice for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with the Manslaughter charge, then it is best you enter a plea of not guilty. Defences that can be used in Manslaughter are:

• • Duress- your actions taken need to be reasonable in that your conduct was to avoid serious death or injury, such as being coerced or threatened.
  • Necessity- where it was vital to prevent serious injury, danger or death.
  • Self Defence- the act was to protect yourself, another person or property.

Mental illness- if you are suffering from a mental health condition that is considered a disease of the mind. This means that your mental illness is the reason that resulted in the violence. Mental illness must be proved, and you must be suffering from a mental illness at the time of the offence in order to use this as a defence. Ultimately, this means that at the time of the offence because you were suffering from a mental illness you could not make the decisions according to the standards of what is considered a reasonable person.

Mental illness cannot be used as a defence if other factors such as drugs or alcohol influenced the mind and its ability to make decisions at the time of the offence. Using mental illness as a defence is taken very seriously and is not a defence to be taken lightly. If the defence is successful, then you may be found not guilty by reason of mental illness. The community’s interest is paramount therefore the court may impose detention in a mental institution for the period required, or may indefinitely impose detention in a mental institution.

If the prosecution fails to prove these elements, then you will be found not guilty.

Murder

If you have been charged with murder it means that you have intentionally and unlawfully killed someone. An example of this is if you killed someone intentionally during a fight or killed someone intentionally during a drive by shooting. This is a very serious charge, and you will need professional legal help so do not hesitate to call our office today and speak to one of our Senior Lawyers. Our Senior Lawyers will work hard to best represent you in court.

Section 18 of the Crimes Act 1900 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.

In order to be found guilty of Murder the prosecution must prove beyond reasonable doubt that you:

• • Intended to inflict grievous bodily harm or death upon another person or
  • Committed an act or omission which caused death upon another person

If the prosecution fails to prove the elements related to the charge, then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of Murder, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.
It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.
It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The offence of Murder carries a maximum penalty of 25 years imprisonment in the Supreme Court.
If you are facing charges of Murder call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best advice for you and strive to achieve the best results.

Pleading Not Guilty

If you disagree with the Murder charge, then it is best you enter a plea of not guilty. Defences that can be used are:

Duress- your actions taken need to be reasonable in that your conduct was to avoid serious death or injury, such as being coerced or threatened.

Necessity- where it was vital to prevent serious injury, danger or death.

Self Defence- the act was to protect yourself, another person or property.

Mental illness- you suffered from a mental illness at the time of the offence.

Provocation- in the event this defence is successful, the charge may downgrade from a murder charge to a manslaughter charge.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you intended to inflict grievous bodily harm or death upon another person, or you committed an act or omission which caused death upon another person
If the prosecution fails to prove these elements, then you will be found not guilty. Murder is a serious crime therefore it can only be dealt with by the Supreme Court.