Have you been charged with Manslaughter?
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What does it mean to be charged with manslaughter?
Being charged with manslaughter is a very serious legal matter. It means you are accused of unlawfully causing the death of another person—but without the intention to kill or cause grievous bodily harm that is required for a charge of murder.
In Victoria, manslaughter is a common law offence, with penalties governed under Section 5 of the Crimes Act 1958 (Vic). The law recognises different categories of manslaughter depending on how the death occurred and the accused’s level of culpability. These include:
- Voluntary manslaughter – where all the elements of murder are present, but the charge is reduced due to mitigating circumstances such as excessive self-defence, provocation, or participation in a suicide pact.
- Involuntary manslaughter – where death results from:
- Criminal negligence, where a person breaches a duty of care in a grossly negligent way; or
- An unlawful and dangerous act committed consciously and voluntarily, but without intent to kill.
- Vehicular manslaughter – known legally as culpable driving causing death, this occurs when someone drives recklessly, negligently, or while impaired, causing a fatal crash.
- Workplace manslaughter – applies to employers or corporate officers whose negligent conduct breaches occupational health and safety laws and causes a worker’s death.
Understanding which type of manslaughter is involved is crucial for forming your legal defence and preparing your case.
What the Prosecution Must Prove:
The prosecution has the burden of proving the offence beyond reasonable doubt. Depending on the category of manslaughter, this may include proving that:
- Your conduct (an act or omission) directly caused the death of another person.
- The conduct would amount to murder, but for specific mitigating factors (such as provocation or excessive self-defence).
- You committed an unlawful and dangerous act, which a reasonable person would see as likely to cause harm, and that act caused the death.
- You breached a duty of care through criminal negligence, and that breach was so serious that it caused the death.
- In cases of vehicular manslaughter, that you drove:
- Recklessly;
- Negligently; or
- Under the influence of alcohol or drugs.
6. For workplace manslaughter, that your negligent conduct breached a duty under the Occupational Health and Safety Act 2004, and that breach caused the death of an employee or another duty-holder.
The exact elements vary based on the type of manslaughter charge, and determining whether those elements can be proven is essential in deciding how to respond.
Penalties for Manslaughter:
The offence of manslaughter carries a maximum penalty of 20 years’ imprisonment in Victoria. However, the court considers many factors when deciding on a sentence, including:
- The level of negligence or recklessness involved.
- The presence of remorse.
- The offender’s personal circumstances and criminal history.
- Whether there was cooperation with authorities.
Some forms of manslaughter carry mandatory minimum sentences. For instance:
- If the offence involved gross violence or a fatal single punch or strike, the law imposes a statutory minimum non-parole period of 10 years (unless the offender is under 18 or exceptional circumstances apply).
In cases of workplace manslaughter, the penalties are more severe:
- Individuals face up to 25 years imprisonment.
- Corporations may be fined up to 100,000 penalty units, equal to $19,759,000 (as of 1 July 2024).
Where will my case be heard?
Because of the serious nature of manslaughter, cases are exclusively heard in the Supreme Court of Victoria. This means you will be dealing with the most senior criminal court in the state, where both the legal process and the stakes are significantly elevated.
Factors and Defences to Consider:
Each manslaughter case is unique, and a strong defence depends on a careful examination of the facts and legal issues involved. Your legal team will consider questions such as:
- Was the act truly unlawful or negligent? Was there justification, such as self-defence?
- Did you owe a duty of care? And if so, was it grossly breached?
- Was your conduct voluntary, conscious, and deliberate? Or was it accidental or involuntary?
- Were you under duress, or suffering from a medical condition or mental impairment?
- Are the prosecution’s allegations consistent with the available evidence?
There are several possible defences to manslaughter:
- Complete self-defence (s322K Crimes Act), if your belief in the need to protect yourself or another was genuine and reasonable;
- Excessive self-defence, which may reduce murder to manslaughter;
- Duress or automatism;
- In some cases, you may argue that the act did not cause the death or that the death was the result of an unforeseeable event.\
Given the wide scope and complexity of manslaughter law, obtaining expert legal advice early in the process is vital.
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What Happens Next?
If you’ve been charged with manslaughter, your next steps are critical. Time is essential to prepare your case and protect your rights. You should:
- Seek legal advice immediately from a criminal lawyer experienced in manslaughter cases.
- Do not make any statements to police without first speaking to your lawyer.
- Begin gathering evidence and identifying possible witnesses.
- Understand your legal options—whether you are contesting the charge or considering a plea deal.
At MK Law, we specialise in serious criminal charges and can guide you through every step of this complex and high-stakes process. Whether it’s developing a tailored defence strategy or negotiating the best possible outcome in court, we’ll ensure your rights are protected at every stage.
Don’t delay—call 1800 130 120 today to speak with an experienced criminal defence lawyer who can help you take control of your case and plan a way forward
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