Criminal Law: Assault, Sexual Assault, Homicide - Guides
Assault, Sexual Assault, Homicide
6. Manslaughter
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Last updated: 19 Jun 2015
- Manslaughter is another form of criminal homicide.
- Voluntary manslaughter is where the death or bodily harm was intended. This includes a situation where a charge of murder is reduced to manslaughter because of provocation or excessive self defence. These terms are explained later in this guide.
- Involuntary manslaughter is where the death or bodily injury was not intended. This can occur where:
- the offender does an act which is unlawful and dangerous and as a result someone dies. The act must be so dangerous that a reasonable person in the accused’s position would have realised that others were being exposed to a real risk of serious injury or death. An example might be setting off fireworks near a crowd of people on a private property; or
- the offender has been criminally negligent. This means the offender knew or ought to have known there was a high risk that death or injury would occur but their response to that risk fell so far below what a reasonable person would have done in their position that it makes their act or failure to act criminal. The offender must also have owed a duty of care to the deceased. An example might be continuing to drive a prime mover for commercial gain when you knew the brakes were faulty.
- Whether any particular act constitutes murder or manslaughter will turn on:
- the facts of each case, and
- the admissible evidence that the prosecution can lead in support of the charge including evidence of what the offender’s state of mind was prior to and during the commission of the offence, and
- the surrounding circumstances and
- the reliability of the witnesses called to give evidence.
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