What is Manslaughter?

Manslaughter is a criminal offence under section 13 of the Criminal Law Consolidation Act 1935 (SA) (the Act). Within manslaughter the common law recognises different categories of manslaughter: voluntary and involuntary manslaughter.

Voluntary Manslaughter

Voluntary manslaughter is an unlawful homicide where the mental state required for murder exists, but the offence is reduced to manslaughter by operation of partial defences such as provocation, or even the existence of a suicide pact.

Involuntary Manslaughter

Involuntary manslaughter refers to an unlawful homicide where the mental state for murder is absent and death is caused by some dangerous and unlawful act or a criminally negligent act or omission.

A common example may include the unlawful or dangerous act such as ‘king hitting’ another person. Here, death results from an unlawful or dangerous act carrying with it an appreciable risk of serious injury because the defendant exposed the victim to the risk of serious injury. The defendant did not intend to kill victim, but ought to have been aware that striking them in the back of the head may cause serious injury.

Elements of Manslaughter

There are three elements of manslaughter in South Australia:

1.      The accused committed an unlawful act

2.      The act caused the death of the deceased;

3.      The accused should have known there was a real risk of serious injury

The prosecution must prove each of these elements beyond a reasonable doubt for a conviction of manslaughter.

Maximum Penalties

The maximum penalty for manslaughter in South Australia is life imprisonment. Where the Court is satisfied that the victim’s death was caused using a motor vehicle, the court may also impose a ten (10) year disqualification or longer.

The court will consider a range of factors in determining the appropriate sentence for an offender, including the seriousness of the offence, the offender's criminal history, and the impact on the victim's family.

Defences to Manslaughter

There are several defences to manslaughter, including self-defence, defence of another person, defence of property, provocation, mental impairment, and accident. Self-defence is available if the defendant's conduct was necessary to defend themselves or another person from imminent and unlawful harm. Mental impairment may be a defence if the defendant had a mental illness or condition that impaired their ability to understand the nature and quality of their actions. For example.

Courts That Deal With the Charge of Manslaughter

The charge of manslaughter will initially be heard in the Magistrates Court of South Australia before being committed to the Supreme Court of South Australia if sufficient evidence exists.

Consequences of Being Convicted of Manslaughter

A conviction for manslaughter in South Australia carries significant consequences. The defendant may face life imprisonment, which can have a significant impact on their personal and professional life.