Manslaughter

Question 1

Voluntary manslaughter

Answer 1

Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause grievous bodily harm.

Question 2

INVOLUNTARY MANSLAUGHTER

Answer 2

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 3

What culpable homicide offences are included in manslaughter?

Answer 3

• Offences that do not come within section 167 and 168
• Offences that come within section 167 and 168 but is reduced to manslaughter because the killing was a part of a suicide pact

Question 4

What is the 4 point test for proving an unlawful act for manslaughter?

Answer 4

Newbury and Jones:

1. The defendant must intentionally do an act
2. The act must be unlawful
3. The act must be dangerous
4. The act must cause death

Question 5

Manslaughter by negligence offences

Answer 5

Negligence while in charge of or using:

• trains
• factory machinery
• mines
• motor vehicles

Question 6

GROSS NEGLIGENCE FOR A MANSLAUGHTER CHARGE

Answer 6

Before a conviction can be obtained for manslaughter the prosecution must prove a very high degree of negligence or gross negligence.

Question 7

Punishment for manslaughter

Answer 7

Section 177 - Crimes Act 1961

Everyone who commits manslaughter is liable to imprisonment for life.