Manslaughter

Question 1

Define manslaugther

Answer 1

All culpable homicide that is not murder or infanticide will be manslaughter. (s160(3) Crimes Act 1961)

Question 2

What is the difference between voluntary and involuntary manslaughter?

Answer 2

Voluntary manslaughter occurs where the defendant had the intention to kill or cause GBH, but mitigating circumstances exist.

Involuntary manslaughter occurs where there is culpable homicide that is not covered by ss167 or 168, or falls within those sections but the killing was part of a suicide pact as defined in s180(3) Crimes Act 1961.

Question 3

Under s160(2) an unlawful act which causes death will be manslaughter provided that it does not fit the definition of murder.

What is the test to prove that an unlawful act is manslaughter?

Answer 3

The defendant must intentionally do an act.
The act must be unlawful.
The act must be dangerous.
The act must cause death.

Newbury and Jones