Crimes against the person Chapter 2.3 manslaughter defensive homicide serious driving offences infanticide
Manslaughter Not all killings are the same Manslaughter is less serious than murder There may be no intention to kill There may be a reasonable defense when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee The accused may not be entirely to blame Manslaughter is an indictable offence Maximum sentence is 20 years imprisonment There are two types of manslaughter
Voluntary Manslaughter There is the intention to kill Accused could be charged with murder There are mitigating circumstances which reduces the level of liability e.g. self defence
Involuntary Manslaughter No intention to kill but death had occurred due to; Intention to injure severely but not kill Through criminal negligence By committing a dangerous or unlawful act owner/story-fni0xqi owner/story-fni0xqi
Defensive Homicide A person acting in self defence kills another person They however have used excessive force that was not necessary to protect themselves or another person- their force was unreasonable This is also used as a defence to murder
Culpable Driving Indictable offence which carries the maximum of 20 years imprisonment Involves driving a car in a reckless manner; a negligent manner; with disregard for others; under the influence of drugs or alcohol; order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee
Dangerous Driving A person causes the death of another by driving a motor vehicle at a dangerous speed or in a manner that becomes dangerous Carries maximum of 10 years imprisonment if a death has occurred If serious injury has occurred there is 5 years maximum imprisonment
Infanticide A woman kills her child who is under 2 years of age Circumstances where; She was suffering a mental health issue such as post natal depression She has not fully recovered from giving birth in the last 2 years Maximum penalty is 5 years imprisonment ncm.html
Child Homicide Killing a child under the age of 6 Circumstances where the action would amount to manslaughter Maximum penalty is 20 years imprisonment BCC1EA184951%7Dti53.pdf BCC1EA184951%7Dti53.pdf
Your Turn Complete ‘Test your understanding’ questions 1-6 (page 50) Complete the case studies ‘Apply your understanding’ questions 7-10 (page 50)