Accredited Criminal Lawyers Melbourne
Manslaughter
If you have been charged with Manslaughter, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
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Elements of the offence
For the prosecution to prove the offence of Manslaughter, they must prove beyond a reasonable doubt all the elements of the offence which have been established under Common Law and are as follows:
1. The accused committed an act which caused the death of another person; and
2. The act was conscious, voluntary and deliberate; and
3. The act was unlawful; and
4. The act was dangerous, in the sense that a reasonable person performing that act, would have realised that they were exposing the other person to an appreciable risk of serious injury.
Court procedures
Charges for Manslaughter are heard in the Supreme Court.
Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare your defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.
Maximum penalty
At common law, the maximum penalty this offence carries is 20 years imprisonment.
What sentences are usually given?
From 2015-16 to 2019-20, 87 people were sentenced for manslaughter and all these people received sentences of imprisonment.
The median imprisonment length was 9 years and sentences ranged from 1 year and 5 months to 13 years and 6 months, and non-parole periods ranged from 2 years to 10 years.
To ensure the best chance of successfully defending a charge of manslaughter, it is important to get in contact with an expert criminal lawyer as soon as possible.
To ensure the best chance of successfully defending a charge of manslaughter, it is important to get in contact with an expert criminal lawyer as soon as possible.
Why Clients Choose Emma Turnbull Lawyers?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
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