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Manslaughter
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
20 years
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
Supreme Court.
