Have you been charged with Manslaughter?
If so, you will need the services of an experienced criminal lawyer.
The Common Law defines Manslaughter as the unjustifiable killing of another in circumstances which do not constitute murder. The circumstances in which Manslaughter may be found vary.
The appropriate plea and length of sentence will depend on the defendant’s moral culpability – from negligence, to the cause of the death being an unlawful and dangerous act.
These are some of the complex issues to consider before telling the Court of how you wish to plead. You will need to discuss these at length with an expert in criminal law.
Please read below for more information in relation to this charge.
The offence
Section 5 of the Crimes Act 1958 and the Common Law.
The prosecution must prove:
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The act or omission of the defendant caused the death of another person;
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The circumstances of the death would constitute murder except for the mitigating effect of either provocation, self-defence in the course of which excessive force was used, or the existence of a suicide pact; or
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The death was caused by an unlawful and dangerous act or omission; or
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The death was caused by criminal negligence.
The maximum penalty
Level 3 imprisonment being a maximum of 20 years.
Where will my case be heard?
Manslaughter cases can only be heard in the Supreme Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange to see an experienced criminal lawyer urgently. Preparation is critical to achieving a favourable outcome in relation to any matter. Don’t leave it to the last minute.
If you have been charged with Manslaughter speak to one of our experienced lawyers today.
The legislation
5 Punishment of manslaughter
Whosoever is convicted of manslaughter shall be liable to level 3 imprisonment (20 years maximum) or to a fine in addition to or without any such other punishment as aforesaid.
