Stay connected with Navado:
SYDNEY CBD    |    PARRAMATTA    |    CHATSWOOD    |    HURSTVILLE

Buying or selling a residential property?

With our Residential Conveyancing Offer, we offer fixed fees of $1650 (plus disbursements) for your purchase or sale. Conditions apply. | See more …

Have you been charged with a criminal or traffic offence?

We offer fixed fees from $1100 for one of our Lawyers to appear on one day at any Local Court in Sydney. Conditions apply. | See more …

Buying a property and need a home loan?

Our experienced Brokers can help you compare interest rates and home loans, at no cost to you in the comfort of your own home. | See more …

Do you need to lodge your personal Tax Return?

Our Public Accountants & Tax Agents charge a flat fee of $143 for your Individual salary or income tax returns. Conditions apply. | See more …

Secure your financial future. Plan today, enjoy tomorrow.

Create wealth. Minimise tax. Structured tailored solutions. Arrange a free consultation with a Financial Advisor today. Conditions apply. | See more …

You don't have a will? Don’t leave it until it’s too late...

We can help. Our lawyers will obtain an understanding of your situation and complete your simple will for $330. Conditions apply. | See more …

Conveyancing & Will Offer

Fixed fees of $1870 (plus disbursements) for the sale or purchase of residential property & a simple will. Conditions apply. | See more …

Are you thinking of setting up a Company?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you complete the puzzle of Company Registration. | See more …

Going to Court? Strategy is key.

You may feel like you are all alone and that the odds are against you. Speak to one of our experienced Litigation Solicitors. | See more …

Get the right legal advice for your business.

When it comes to your business, precision is key. Speak to one of our experienced Business & Commercial Law Solicitors. | See more …

Do you have a civil or commercial dispute?

Our Litigation Lawyers focus on delivering cost effective, strategic solutions to your legal dispute. | See more …

What are your legal rights? Do you know where you stand?

Don’t feel discouraged. We can help. For an agreed fixed fee, we can provide you with a preliminary legal opinion. | See more …

Are you considering setting up a Trust?

For a fixed fee of $880 plus Disbursements, our Public Accountants can help you establish a Discretionary, Family, Hybrid or Unit Trusts. | See more …

Are you thinking of setting up an SMSF?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you register your SMSF. Conditions apply. | See more …

Are you thinking of setting up a Business and Company?

For a fixed fee of $825 plus disbursements, our Public Accountants can help you register your Business & Company. Conditions apply. | See more …

Have you considered seeking Estate Planning legal advice?

We offer a special package of $990.00 including GST, for a simple Will, Power of Attorney and Enduring Guardianship. Conditons Apply. | See more …

Become a Navado Private client

Navado Legal & Financial Group can provide a total synergistic legal and financial solution tailored to your circumstances. | See more …

Previous
Next

Legal > Criminal Law & Criminal Offences

Manslaughter:

Overview FAQs Articles Locations

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 Criminal Lawyer in Sydney. Please peruse our Locations tab to see our other branch locations.

Bookmark and Share

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

Sorry, but no Articles are available at this time.

If you require assistance with a Criminal matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney
  • Parramatta
  • Chatswood
  • Hurstville

Our Locations

  • Criminal Lawyer Sydney
  • Criminal Lawyer Parramatta
  • Criminal Lawyer North Sydney
  • Criminal Lawyer Hurstville
  • Criminal Lawyer Liverpool
  • Criminal Lawyer Gordon
  • Criminal Lawyer Baulkham Hills
  • Criminal Lawyer Campbelltown
  • Criminal Lawyer Bondi Junction
  • Criminal Lawyer Chatswood
  • Criminal Lawyer Miranda
  • Criminal Lawyer Bella Vista
  • Criminal Lawyer Erina
Quick enquiry
  • Request an appointment

Where to find us?

Sydney (Head Office)
Level 10, 309 Pitt Street.

Parramatta
Level 9, 33 Argyle Street.

Chatswood
Level 1, 10 Help Street.

Hurstville
Ground Floor, 5 Railway Parade.

In NSW, Interstate or International?
Initial Consultations are available by Skype or Tele-Conference.

Stay connected
Ask an expert