2.3 CRIMES AGAINST THE PERSON- MANSLAUGHTER, DEFENSIVE HOMICIDE, SERIOUS DRIVING OFFENCES AND INFANTICIDE Area of Study 2

KEY TERMS Manslaughter: occurs when death is caused without the same level of intention as murder Defensive homicide: occurs when a person commits an act causing death believing they were acting in self-defence, but the belief or action was unreasonable Culpable driving: is the most serious offence under Victorian road law involving driving in a manner that causes death. This offence carries a maximum penalty of 20 years imprisonment Dangerous driving: is driving a motor vehicle at a speed or in a manner that is dangerous to the public. Dangerous driving causing a death carries a maximum penalty of 10 years imprisonment Infanticide: is an offence where a woman kills her child (under 2 years of age) as a result of a mental disturbance such as postnatal depression Child homicide: is an offence where a person kills a child who is under the age of 6 years, in circumstances that would normally be called manslaughter

MANSLAUGHTER In America you may often here people charged with first and second degree murder – we do not have this distinction in Australia Instead we make the distinction between murder & manslaughter, with manslaughter being less serious than murder In some instances, killings can be less ‘blameworthy’. Such as if a person did not intend to kill, or there is unreasonable defence The maximum sentence for manslaughter is 20 years imprisonment In Victoria, an accused may be convicted of manslaughter instead of murder, if they have killed another person as a result of a suicide pact. The maximum penalty for the survivor is 10 years imprisonment

TWO TYPES OF MANSLAUGHTER Voluntary manslaughter This is the term used when a person could be found guilty of murder but his of her liability is reduced due to mitigating circumstances. I.e. self defence Involuntary manslaughter This is where there was no intention to kill but death occurred because of: 1.The accused intentionally inflicted harm on the victim and, although there was no intention to kill, it was severe 2.The death was caused through criminal negligence 3.The accused caused the death while committing an unlawful, dangerous act Let’s look at the case study on page 47.

DEFENSIVE HOMICIDE this is an offence as well as a defence to the crime of murder this applies when a person commits an act causing death, believing it is necessary to protect themselves or someone else, but the belief or action was unreasonable The Crimes Act 1958 states that a person wo believes they need to defend themselves or another person from death or serious injury can use the defence of defensive homicide. The maximum penalty is 20 years imprisonment Case study page 48

CULPABLE DRIVING Prior to 1967, any person who killed another as a result of a motor vehicle accident was charged with manslaughter However, the courts found that juries were reluctant to convict motorists of such a serious offence Culpable driving now is an indictable offence of causing death through driving a motor car A person can be considered culpable if he or she: Drives recklessly causing deaths Drives negligently causing death Drives under the influence of alcohol or drugs that render that person incapable of controlling a car, causing death the maximum jail term is 20 years for culpable driving

DANGEROUS DRIVING dangerous driving occurs when a person drives a motor vehicle at a speed that is dangerous to the public of drives in a manner that is dangerous to the public The Road Safety Act states that dangerous driving carries a penalty no more that 240 penalty units (1 unit = $122.14) OR a jail term of 2 years OR both a person who drives at a speed that is dangerous AND causes the death of an individual is found guilty of an indictable offence. They are liable for a maximum 10 year jail sentence If they cause serious injury to another person the maximum jail term is 5 years Case Study page 49

INFANTICIDE According to the Crimes Act 1958, a woman may be found guilty of infanticide rather than murder if she causes the death of her child, and it is found that: her mind is disturbed because she has not fully recovered from the effect of giving birth within the preceding 2 years she has developed a disorder as a consequence of giving birth within the preceding two years The maximum penalty for this is 5 years imprisonment

CHILD HOMICIDE the crime of a child homicide is outlined in the Crimes Act 1958 as, a person who kills a child under the age of 6 years, in circumstances that would normally amount to manslaughter, is guilty of homicide, and not of manslaughter. This offence is punishable by a maximum of 20 years imprisonment