2. Murder and Manslaughter Offences - Manslaughter

Question 1

What is the key difference between murder and manslaughter?

Answer 1

the key difference between manslaughter and murder depends on the mental element
that must be established to support the charge.

Question 2

In relation to manslaughter what are the distinctions?

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Answer 2

Common law draws a further distinction between:
* voluntary manslaughter
* involuntary manslaughter

Question 3

What does involuntary manslaughter cover?

Answer 3

Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to
kill or to cause grievous bodily harm.

Question 4

What is the implication of the circumstances constituting involuntary manslaughter?

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Answer 4

Manslaughter, then, includes culpable homicide that:
* does not come within s167 or s168
* comes within ss167 and 168, but is reduced to manslaughter because the killing was a part of a suicide pact as defined in s180(3) of the Crimes Act 1961.