The Maximum Penalty for Manslaughter in Melbourne – How Serious is This Charge?
A person convicted of Manslaughter may receive a maximum penalty of 20 years imprisonment. This is a top scale common law offence that normally results in a prison term on a finding of guilt. Cases related to this charge will be heard in the Supreme Court.
Pleading guilty or not guilty to Manslaughter in a Melbourne Court
Deciding whether to plead guilty or not guilty to Manslaughter has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.
Elements of the charge of Manslaughter in a Melbourne Court
In the case of an involuntary manslaughter, the prosecution must show that the defendant 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 used, or through the existence of a suicide pact. Voluntary manslaughter, on the other hand, requires that the other factors for establishing murder be made out.
Defending the charge of Manslaughter in a Melbourne Court
Defences that are often run in relation to this charge are: self defence; factual and identification errors; absence of criminal intent; and, mental impairment. A criminal lawyer will evaluate the circumstances of a case to decide which criminal defence is most applicable.
For more information on Manslaughter, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).
Doogue O’Brien George Melbourne can provide you more details about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sep. 18, 2013 and relates to the law that stands at this time.
