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Crimes against the person Chapter 2.3 manslaughter defensive homicide serious driving offences infanticide
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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 http://www.heraldsun.com.au/news/law-order/what-happened- when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee2- 1226810417252 http://www.heraldsun.com.au/news/law-order/what-happened- when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee2- 1226810417252 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
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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
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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 http://www.heraldsun.com.au/news/breaking-news/manslaughter-charge-for-balloon- owner/story-fni0xqi4-1227104498528 http://www.heraldsun.com.au/news/breaking-news/manslaughter-charge-for-balloon- owner/story-fni0xqi4-1227104498528
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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
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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; http://www.heraldsun.com.au/news/law- order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee2-1227130753346 http://www.heraldsun.com.au/news/law- order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee2-1227130753346
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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
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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 http://www.theage.com.au/victoria/mother-who-killed-baby-daughter-walks-free- 20140328-35ncm.html
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Child Homicide Killing a child under the age of 6 Circumstances where the action would amount to manslaughter Maximum penalty is 20 years imprisonment http://aic.gov.au/documents/6/6/0/%7B66025EB4-DC26-4B37-803B- BCC1EA184951%7Dti53.pdf http://aic.gov.au/documents/6/6/0/%7B66025EB4-DC26-4B37-803B- BCC1EA184951%7Dti53.pdf
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Your Turn Complete ‘Test your understanding’ questions 1-6 (page 50) Complete the case studies ‘Apply your understanding’ questions 7-10 (page 50)
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