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Plead not guilty
There are two forms of manslaughter in NSW:
- Voluntary Manslaughter – A person’s culpability will be reduced to manslaughter where the act is a voluntary act sufficient to constitute murder but a defence to murder is established such as excessive self-defence, intoxication, substantial abnormality of the mind or provocation.
- Involuntary Manslaughter – Where there is no intention to cause the death of the victim, but there is conduct by the accused which fits into one of the following categories:
a) An unlawful and dangerous act carrying with it an appreciable risk of serious injury; or
b) Criminal negligence with a high risk that death or grievous bodily harm will follow.
If any of the individual elements of Manslaughter cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
The offence of Manslaughter carries a maximum penalty of 25 years imprisonment in the District Court. Any form of Manslaughter is considered an extremely serious offence. We advise that you contact one of our solicitors immediately if you are charged with this offence.
Generally, penalties that a court can impose for any criminal offence in NSW are: