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

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Presentation on theme: "Crimes against the person Chapter 2.3 manslaughter defensive homicide serious driving offences infanticide."— Presentation transcript:

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

2 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  http://www.heraldsun.com.au/news/law-order/what-happened- when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee2- 1226810417252 http://www.heraldsun.com.au/news/law-order/what-happened- when-a-mum-forgot-her-baby-was-in-the-car/story-fni0fee2- 1226810417252  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

3 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

4 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  http://www.heraldsun.com.au/news/breaking-news/manslaughter-charge-for-balloon- owner/story-fni0xqi4-1227104498528 http://www.heraldsun.com.au/news/breaking-news/manslaughter-charge-for-balloon- owner/story-fni0xqi4-1227104498528

5 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

6 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; http://www.heraldsun.com.au/news/law- order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee2-1227130753346 http://www.heraldsun.com.au/news/law- order/dandenong-south-fatal-train-smash-truckie- distracted-by-vintage-american-cars-court/story- fni0fee2-1227130753346

7 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

8 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 http://www.theage.com.au/victoria/mother-who-killed-baby-daughter-walks-free- 20140328-35ncm.html

9 Child Homicide  Killing a child under the age of 6  Circumstances where the action would amount to manslaughter  Maximum penalty is 20 years imprisonment  http://aic.gov.au/documents/6/6/0/%7B66025EB4-DC26-4B37-803B- BCC1EA184951%7Dti53.pdf http://aic.gov.au/documents/6/6/0/%7B66025EB4-DC26-4B37-803B- BCC1EA184951%7Dti53.pdf

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


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