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Written by
Shaun Pascoe
Criminal Defence Lawyer


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Murder / Manslaughter Offences - VIC
Welcome to the VIC Manslaughter article page. Everything you need to know about Manslaughter according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Manslaughter
According to VIC Law for the charge of 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.

The Maximum Penalty - Manslaughter
According to VIC Law for the charge of Manslaughter,

The maximum penalty for a charge of manslaughter is 20 years.

The charge of manslaughter is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Police must prove according to VIC Law for Manslaughter
(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 under VIC Law - Manslaughter

(a) Factual dispute.

(b) Identification dispute.

(c) Lack of intent.

(d) Mental impairment.

(e) Self-defence.


In VIC which court will hear the matter - Manslaughter
The charge of manslaughter is heard in the Supreme Court.
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