If you have been charged with Manslaughter, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the Offence
For the prosecution to prove the offence of Manslaughter, they must prove beyond a reasonable doubt all the elements of the offence which have been established under Common Law and are as follows:
- The accused committed an act which caused the death of another person; and
- The act was conscious, voluntary and deliberate; and
- The act was unlawful; and
- The act was dangerous, in the sense that a reasonable person performing that act, would have realised that they were exposing the other person to an appreciable risk of serious injury.
Will I have to go to court?
Charges for Manslaughter are heard in the Supreme Court.
Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare your defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.
The maximum penalty for this offence is 20 years imprisonment.
What sentences are usually given?
From 2015-16 to 2019-20, 87 people were sentenced for manslaughter and all these people received sentences of imprisonment.
The median imprisonment length was 9 years and sentences ranged from 1 year and 5 months to 13 years and 6 months, and non-parole periods ranged from 2 years to 10 years.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.