Manslaughter

Voluntary and Involuntary Manslaughter

A person can be charged with manslaughter if they acted to cause the death of another person, however didn’t intend to kill or seriously injure the victim, or didn’t act with a reckless indifference to the victim’s life.

Our Principal and Director, Adam Ly, personally handles all of our cases involving charges of Murder or Manslaughter. Adam has over 20 years experiences handling the firm’s most complex cases, including our clients charged with the most serious of criminal offences.

There are two forms of manslaughter in NSW:

1. Voluntary Manslaughter – A person’s culpability will be reduced to manslaughter where the act is a voluntary act sufficient to constitute murder but a defence to murder is established such as excessive self-defence, intoxication, substantial abnormality of the mind or provocation.
2. Involuntary Manslaughter – Where there is no intention to cause the death of the victim, but there is conduct by the accused which fits into one of the following categories:

a) An unlawful and dangerous act carrying with it an appreciable risk of serious injury; or

b) Criminal negligence with a high risk that death or grievous bodily harm will follow.

If any of the individual elements of Manslaughter cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

What Defences are available those charged with Manslaughter?

• Duress
• Necessity
• Self-defence

Adam will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

The offence of Manslaughter carries a maximum penalty of 25 years imprisonment. Any form of Manslaughter is considered an extremely serious offence. We advise that you contact Mr. Ly immediately if you are charged with this offence.