Crimes against the person Chapter 2.3 manslaughter defensive homicide serious driving offences infanticide

Manslaughter  Not all killings are the same  Manslaughter is less serious than murder  There may be no intention to kill  There may be a reasonable defense  when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee  The accused may not be entirely to blame  Manslaughter is an indictable offence  Maximum sentence is 20 years imprisonment  There are two types of manslaughter

Voluntary Manslaughter  There is the intention to kill  Accused could be charged with murder  There are mitigating circumstances which reduces the level of liability  e.g. self defence

Involuntary Manslaughter  No intention to kill but death had occurred due to;  Intention to injure severely but not kill  Through criminal negligence  By committing a dangerous or unlawful act  owner/story-fni0xqi owner/story-fni0xqi

Defensive Homicide  A person acting in self defence kills another person  They however have used excessive force that was not necessary to protect themselves or another person- their force was unreasonable  This is also used as a defence to murder

Culpable Driving  Indictable offence which carries the maximum of 20 years imprisonment  Involves driving a car in a reckless manner; a negligent manner; with disregard for others; under the influence of drugs or alcohol; order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee

Dangerous Driving  A person causes the death of another by driving a motor vehicle at a dangerous speed or in a manner that becomes dangerous  Carries maximum of 10 years imprisonment if a death has occurred  If serious injury has occurred there is 5 years maximum imprisonment

Infanticide  A woman kills her child who is under 2 years of age  Circumstances where;  She was suffering a mental health issue such as post natal depression  She has not fully recovered from giving birth in the last 2 years  Maximum penalty is 5 years imprisonment ncm.html

Child Homicide  Killing a child under the age of 6  Circumstances where the action would amount to manslaughter  Maximum penalty is 20 years imprisonment  BCC1EA184951%7Dti53.pdf BCC1EA184951%7Dti53.pdf

Your Turn  Complete ‘Test your understanding’ questions 1-6 (page 50)  Complete the case studies ‘Apply your understanding’ questions 7-10 (page 50)