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Manslaughter Lawyers

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Best Manslaughter Lawyers

Our specialist manslaughter lawyers have years of experience acting in high profile cases.

We have an accredited specialist criminal lawyer who can quickly provide advice if you are a suspect in a manslaughter investigation. Often, obtaining advice early can prevent you from being charged.

If you have already been arrested and charged you should consult us immediately. We have a proven track record in defending these charges and obtaining bail where other lawyers have failed.

WHAT SHOULD I DO?

  • PLEADING NOT GUILTY

    What is Manslaughter?

    Section 24 of the Crimes Act 1900 (NSW) sets out the definition of manslaughter as committing an act that caused a person to die.

    This is a strictly indictable charge. As such, it will be finalised in either the District Court or Supreme Court.

     

    How Do You Beat a Manslaughter Charge?

    You can fight Manslaughter charges in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

    1. The alleged victim died; and
    2. Your actions or failure to act caused that death (causation); and
    3. Your act was either:
    4. provoked, excessive self-defence or substantial impairment;
    5. you did not fulfil your duty of care (eg. professional negligence as a nurse or doctor);
    6. unlawful and dangerous (ie. you exposed another person to a risk of serious injury)

     

    If any of these elements are not made out, then you can be found ‘not guilty’.

    Secondly, you can rely on one of the defences.

     

    What are the Defences to Manslaughter?

    The following defences to Manslaughter charges apply:

    1. Identification: The prosecution cannot prove you were responsible for the death. If your DNA or fingerprints were found at the scene, we can instruct our team of DNA and fingerprint experts to cast doubt on this evidence;
    2. Self-defence: This is a common defence. Your actions were necessary to defend yourself and a reasonable response in the circumstances.
    3. Causation: Your actions did not cause the death
    4. Duress: You were forced to commit the offence
    5. Necessity: You needed to commit the offence
    6. Automatism: Your act was involuntary (eg. you were asleep, you had a spasm)

     

    Our team have years of experience in these cases. Many people are not aware that the Crown do not have to prove that you had the intention to kill or cause grievous bodily harm.

    Contact us now to speak the best criminal lawyers for manslaughter charges. We can quickly assess what defences are open to you and how to prepare for them.

  • PLEADING GUILTY

    If you have taken advice and wish to plead guilty, you will then need to prepare for sentencing. You can refer to our general guide.

    However, you will need to speak to specialist Manslaughter solicitor for representation in Court and advice specific to your case.

     

    What is the Penalty for Manslaughter?

    The maximum penalty for Manslaughter is 25 years imprisonment.

     

    What are the Possible Sentences for Manslaughter?

    The following are potential sentencing options for a charge of Manslaughter:

    1. Section 10 dismissal
    2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
    3. Fine
    4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
    5. Community Corrections Order (previously known as Community Service Order)
    6. Intensive Corrections Order
    7. Home Detention Order (no longer used in NSW)
    8. Full Time Imprisonment

     

    Will You Go to Jail for Manslaughter?

    Every person found guilty of manslaughter has been sentenced to jail. The length of imprisonment ranges from 5 years to 18 years.

    Unsurprisingly, jail is inevitable for this offence. That is why it is crucial for you to have Australia’s best criminal lawyers for manslaughter charges fighting for you.

    Contact our team so we can begin preparing your defence today.

FAQ

Is killing someone in a car accident manslaughter?

You can technically be charged with manslaughter for killing someone in a car crash. However, usually Police will prefer a charge of ‘Dangerous Driving Causing Death’ or ‘Negligent Driving Causing Death’.