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Manslaughter:

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Manslaughter is a serious criminal offence; it is a form of homicide, but lacks some elements that are otherwise necessary to establish murder.  Manslaughter is committed where the accused causes the death of a person by an act which is both unlawful and dangerous. It is not necessary that the accused was aware that the act was dangerous, provided that a reasonable person would have appreciated that the act was one, which in the circumstances, exposed others to the risk of serious injury. There are two forms of manslaughter: voluntary and involuntary manslaughter.

Voluntary manslaughter is where there is present in the offender a state of mind that would support a conviction of murder but the culpability of the offender's conduct is reduced by reason of excessive self defence, provocation, or substantial impairment by abnormality of mind. Involuntary manslaughter involves neither intent to cause death or grievous bodily harm to the victim, nor the other mental elements necessary for murder. Comprehensive and sound legal advice from a Criminal Lawyer can be greatly beneficial in explaining the law surrounding manslaughter.

Manslaughter is committed where the accused owes a legal duty of care to the deceased and causes the death of the deceased by an intentional act or omission in circumstances which involved such a great falling short of the standard of care which a reasonable man would have exercised; and which involved such a high risk that death or grievous bodily harm would follow, that the doing of the act merits criminal punishment.  Such duty of care exists in professional relationships such as a doctor, physician, surgeon, anaesthetist or psychologist. A very high degree of negligence is necessary to prove breach of a professional duty of care owed to a patient. Having proper legal advice from an experienced Criminal lawyer is a prerequisite, should you be involved in a manslaughter matter.

Gross criminal negligence requires a consideration of the conduct of a reasonable person in the position of the accused; that is possessing the same personal attributes of the accused with the accused’s actual knowledge of the facts and possessing the ordinary firmness of character and strength of mind of a reasonable member of the community. If the victim consents to the act which causes death, the accused may still be convicted of manslaughter on the basis of gross negligence, although consent is a relevant consideration. Examples of this include euthanasia, assisted suicide or gross omission.

Where it is alleged that the accused is guilty of manslaughter by reason of an omission, it must be proved that the accused owned a personal legal duty of care to the victim and failed to carry out that duty to such a high degree that it could be viewed as “wicked” negligence. A legal duty of care is something more than a mere moral obligation. It arises from a duty imposed by statute, or by the relationship of the person to the deceased (as with a parent and child) or because the accused has undertaken that duty by depriving any other person from caring for the deceased.  

If the death is the direct and immediate result of the unlawful and dangerous act, it does not matter that the act was not directed at the deceased. The only intent required is an intent to do the act which is unlawful and dangerous. A jury does not have to be unanimous in its finding as to the basis for a verdict of manslaughter, provided it is unanimous that the accused is guilty of manslaughter.  Proper legal advice from an experienced Criminal Lawyer may be advantageous if you are acting affected by a manslaugher case.       

If you would like further information or wish to discuss your criminal matter with an experienced Criminal Lawyer please do not hesitate to contact us by telephone on (02) 9233 4048 or by email to info@navado.com.au, to make an appointment to see a solicitor from our team. 

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