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Criminal Law » Murder / Manslaughter » Manslaughter

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Manslaughter

Manslaughter is the unlawful killing of another person. While this is a type of homicide, it is less serious than murder because it is not an intentional killing.

This is an offence under the Crimes Act 1900 (NSW). The maximum penalty is 25 years imprisonment.

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    Types of manslaughter:

    • Voluntary
    • Involuntary by unlawful and dangerous act
    • Involuntary by gross negligence

    Voluntary manslaughter

    Voluntary manslaughter is committed when a person kills another intentionally but did so as a result of provocation, an abnormality of the mind or excessive self defence.

    Involuntary manslaughter by gross negligence

    Involuntary manslaughter by gross negligence is committed where a person causes the death of another person by way of a very high degree of negligence.

    Involuntary manslaughter by unlawful and dangerous act

    Involuntary manslaughter by unlawful and dangerous act is committed where a person causes the death of another person by an act that is both unlawful and dangerous. An example may be where death results as a consequence of an assault.

    Sentencing & Penalties

    This offence covers a wide range of conduct and criminality and as a consequence sentences do vary considerably. However, it is regarded as a very serious offence by the courts and a full-time custodial sentence is to be expected.

    For the full range of penalties that can be imposed, see our Sentencing Options page.

    For a detailed, free initial consultation, contact one of our criminal law specialists.