Manslaughter is basically any other kind of punishable homicide which is not murder – in other words, Manslaughter is seen to be any act or omission by a person, where there has been no intention to kill or no reckless indifference to human life, and that act or omission results in the death of another person.
This includes things like:
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Causing the accidental death of another by culpable and negligent acts or omissions, where there was no intention to cause death but death has ensued.
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Where a charge of murder has been downgraded because of extenuating circumstances such as provocation, or where there has been an over excessive use of force in self defence situations, making the accused liable for manslaughter, but not murder.
Penalty for Manslaughter
Section 24 of the Crimes Act provides that where there is a finding of manslaughter, the maximum penalty can be imprisonment for 25 years.
However, where in view of the facts and circumstances, if a Judge believes that a penalty should not be suffered by an accused person, Judges may use their judicial discretion to dismiss the jury in relation to the finding of any verdict and order an acquittal.
Defences to Manslaughter
Possible defences to manslaughter include:
Necessity
Duress
Automatism & Insanity
Intervening events
How can Prime Lawyers help?
Our criminal lawyers have a wealth of experience and knowledge in manslaughter cases. If you are pleading guilty to a manslaughter charge we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes. We are also experienced in plea bargaining with the Crown Prosecutors, which can often reduce the penalty imposed also. Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this.
If you wish to defend the charge our criminal lawyers will carefully consider and investigate all aspects of your matter and if there are any flaws in the prosecution’s case. We will advise you of your chances of successfully defending the matter. Our criminal lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.
Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this. Please contact our firm on (02) 9521 2222 to speak with one of our criminal lawyers today. Alternatively email your enquiry to us and we will contact you shortly.