Survivor of Suicide Pact Who Kills Deceased Party is Guilty of Manslaughter
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What does it mean to be charged with manslaughter as a result of surviving a suicide pact?
If you have been charged with manslaughter as a result of surviving a suicide pact, it is important to understand the legal framework and how this specific charge works under Section 6B of the Crimes Act 1958.Β
A person who survives a suicide pact and causes the death of another person involved in the pact may be found guilty of manslaughter, rather than murder, provided certain conditions are met. The critical element here is that the act causing death was done in pursuance of a suicide pact.Β
What must the prosecution prove?
Murder elements:Β
The prosecution must first prove all elements of murder (i.e., that you caused the death of another by a wilful act or omission).Β
Suicide pact defence:Β
Once the prosecution has proven the murder elements, the defence must then prove on the balance of probabilities that the act or omission that caused the death was done in pursuance of a suicide pact.Β
If these conditions are met, the court may return a verdict of manslaughter instead of murder.Β
The Penalty for Manslaughter:
A person convicted of manslaughter under this section is liable to level 5 imprisonment, with a maximum sentence of 10 years.Β
However, if the jury finds that the acts constituting the offence were done in pursuance of a suicide pact, they must return a verdict of guilty to manslaughter or an indictable offence related to being a party to the suicide pact.Β
The maximum penalty for this is 5 years imprisonment.
What is a Suicide Pact?
A suicide pact is defined as an agreement between two or more people where the aim is for all parties to die. For the pact to apply legally, you must have had the settled intention of dying in pursuance of the pact at the time of the act.Β
Where Will My Case Be Heard?
As with other serious offences like manslaughter, cases related to Section 6B are heard in the Supreme Court of Victoria, which deals with serious criminal charges.Β
Factors and Defences to Consider:
Do you have a defence?Β
If the prosecution fails to establish the necessary elements of murder, or if the pact did not meet the legal definition, this could provide a defence.Β
Given the gravity of this offence, it is vital to contact MK Law as soon as possible, so a skilled lawyer can tailor a defence specific to your circumstances.Β Β
Minimising your sentence:
Even if you are pleading guilty, there are steps you can take to potentially reduce your sentence. A skilled lawyer can argue for mitigating circumstances or special reasons to seek leniency from the court.Β
What were the surrounding circumstances of this offence?Β
Did you intend to commit suicide?Β
Did you intentionally kill someone else?Β
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What happens next?
If you have been charged under Section 6B for surviving a suicide pact and causing the death of the other person, it is crucial to seek immediate legal advice from an experienced criminal defence lawyer. These cases are emotionally charged, complex, and require careful legal handling to ensure that your rights are protected, and you are treated fairly by the court.Β
At MK Law, our team of expert criminal lawyers is experienced in handling manslaughter cases, including those arising from suicide pacts. We understand the gravity of the situation and will work tirelessly to develop the strongest possible defence strategy tailored to your unique case.Β
- Experienced Legal Representation: We have a deep understanding of manslaughter and murder charges, including those involving suicide pacts, and will guide you through the legal complexities.Β
- Personalised Strategy: Every case is different. We will take the time to understand your situation fully and craft a legal strategy to ensure the best possible outcome.
If you or someone you know is facing a charge under Section 6B, contact MK Law today for a confidential consultation. We are here to help you through this challenging time with the expertise and support you need.Β
Do not delay, call 1800 130 120 today.Β
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