Manslaughter is one of the most serious criminal charges and as a result, it is important to have an experienced criminal lawyer appearing by your side. We are here to help. We’ve outlined some general information below. In addition, you can book a free initial consultation to receive advice for your case.
Definition of Manslaughter
There are two categories:
1. Voluntary
The elements of murder are present. However, there is an additional factor that means culpability is reduced. For example, provocation, self defence, or substantial impairment by abnormality of mind.
2. Involuntary
There are two types:
- Unlawful and dangerous act:
- A voluntary act, which was unlawful and dangerous, caused the death
- For example, an assault
- Criminal negligence:
- A conscious failure to provide reasonable care to a person caused the death. As a result, the accused must owe a legal duty of care to the deceased
- For example, failing to provide food to a young child
Penalty in NSW
The maximum penalty is 25 years imprisonment. Therefore, it’s a serious offence.
Court Process
After charge, the police will make a bail determination. You will remain in custody if you’re bail refused.
The charge will start in the Local Court. After the first mention, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the Supreme Court by way of sentence or trial.
The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution.
We can help
We have extensive experience with people charged with serious criminal offences.
Our commitment is to provide you with quality advice and representation. We will also ensure you remain informed every step of the way.
Contact us today on 0421 700 497 for a free initial consultation.
