Murder Charges

Murder Lawyers

Defences to Murder Charges

Murder Penalties

About Us

Legal Partners

Criminal Lawyers Melbourne

Manslaughter

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Shaun Pascoe
Criminal Defence Lawyer


Email your enquiry Make an appointment
03 9458 3700
Murder / Manslaughter Offences - VIC
The Law - Manslaughter

What the Law states - Manslaughter


This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

Maximum Penalty in Victoria


The maximum penalty for a charge of manslaughter is 20 years.

The charge of manslaughter is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Prosecution must prove - Manslaughter - Vic


(a) In the case of involuntary manslaughter, the accused caused the death of a person by criminal negligence, battery causing death, an unlawful dangerous act, self-defence in the course of which excessive force was use or through the existence of a suicide pact.

(b) In the case of voluntary manslaughter, the other matters required to prove murder must be made out.

Possible Defences - Manslaughter


(a) Factual dispute.

(b) Identification dispute.

(c) Lack of intent.

(d) Mental impairment.

(e) Self-defence.


Which court will hear the charge of Manslaughter


The charge of manslaughter is heard in the Supreme Court.
Appeal Manslaughter Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne