About Manslaughter
Learn more about manslaughter charges in WA.
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- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
Manslaughter
Criminal code offence
Section 280
“A person who unlawfully kills another person under such circumstances as not to constitute murder, the person is guilty of manslaughter."
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - An act is unlawful unless it is authorised, justified or excused by law such as an act that occurs in self-defence or by a lawful authority in the course of their employment.
- ‘Kills’ - A person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that person. Killing a person is unlawful unless it is authorised, justified or excused by law.
What the Police & Prosecution must prove in court to secure a manslaughter criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the Office of the Director for Public Prosecutions (ODPP). They are State lawyers, not Police Officers.
- This type of offence is called an indictable offence. This means that it is a serious offence that must be dealt with by a Judge and not a Magistrate (unless the matter is heard in the Children’s Court and the accused person was under the age of 18 at the time of the alleged offending).
- The ODPP must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- The Prosecution needs to prove that the accused person caused the death of the deceased person, either directly or indirectly.
How they might prove this
- The Prosecution might prove the offence with the use of police and witness statements, CCTV footage and photographs.
- Documentary evidence may be used, this can include copies of written communication such as online or SMS conversations.
- Phone records or intercepts may be used.
- Psychological reports may be relied upon.
- Witness evidence can be used, including identification evidence.
- The prosecution may also rely on forensic evidence such as DNA and fingerprint evidence, as well as medical evidence and autopsy reports.
- The Prosecution may rely on physical evidence, such as a weapon or items found at the scene of the crime.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Self-defence
It is a defence to manslaughter if the act that caused the death of the deceased person was done in self-defence. This means that the act was done by the accused person because they reasonably believed it was necessary to defend them or another from a harmful act, and the act was a reasonable response in the circumstances.
Did not cause the death
It is a defence to manslaughter to show that the accused person did not cause the death of the deceased person.
Actions not grossly negligent
As manslaughter can occur from an act of gross negligence which causes death, a defence to this would be in showing that the accused was not grossly negligent.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
The maximum penalty for Manslaughter is life imprisonment
If the offence is committed by an adult offender in the course of conduct that constitutes and aggravated home burglary, the court must impose a term of imprisonment of at least 15 years.
In accordance with the Sentencing Act (WA) the presiding Judge (or Magistrate in the Children’s Court) may sentence an offender to any of the sentencing options available under the Act.
Immediate Imprisonment is the sentence of last resort and will only be imposed when the seriousness and circumstances of the offence require it.
This type of offence is seen as highly serious in nature and is usually dealt with by a term of immediate imprisonment.
If the offence is committed by a juvenile offender in the course of conduct that constitutes an aggravated home burglary, the court must impose a minimum term of imprisonment of at least 3 years; or a term of detention of at least 3 years.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
The Law
Manslaughter
Criminal code offence
Section 280
“A person who unlawfully kills another person under such circumstances as not to constitute murder, the person is guilty of manslaughter."
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - An act is unlawful unless it is authorised, justified or excused by law such as an act that occurs in self-defence or by a lawful authority in the course of their employment.
- ‘Kills’ - A person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that person. Killing a person is unlawful unless it is authorised, justified or excused by law.
What the Police & Prosecution must prove in court to secure a manslaughter criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the Office of the Director for Public Prosecutions (ODPP). They are State lawyers, not Police Officers.
- This type of offence is called an indictable offence. This means that it is a serious offence that must be dealt with by a Judge and not a Magistrate (unless the matter is heard in the Children’s Court and the accused person was under the age of 18 at the time of the alleged offending).
- The ODPP must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- The Prosecution needs to prove that the accused person caused the death of the deceased person, either directly or indirectly.
How they might prove this
- The Prosecution might prove the offence with the use of police and witness statements, CCTV footage and photographs.
- Documentary evidence may be used, this can include copies of written communication such as online or SMS conversations.
- Phone records or intercepts may be used.
- Psychological reports may be relied upon.
- Witness evidence can be used, including identification evidence.
- The prosecution may also rely on forensic evidence such as DNA and fingerprint evidence, as well as medical evidence and autopsy reports.
- The Prosecution may rely on physical evidence, such as a weapon or items found at the scene of the crime.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Self-defence
It is a defence to manslaughter if the act that caused the death of the deceased person was done in self-defence. This means that the act was done by the accused person because they reasonably believed it was necessary to defend them or another from a harmful act, and the act was a reasonable response in the circumstances.
Did not cause the death
It is a defence to manslaughter to show that the accused person did not cause the death of the deceased person.
Actions not grossly negligent
As manslaughter can occur from an act of gross negligence which causes death, a defence to this would be in showing that the accused was not grossly negligent.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
The maximum penalty for Manslaughter is life imprisonment
If the offence is committed by an adult offender in the course of conduct that constitutes and aggravated home burglary, the court must impose a term of imprisonment of at least 15 years.
In accordance with the Sentencing Act (WA) the presiding Judge (or Magistrate in the Children’s Court) may sentence an offender to any of the sentencing options available under the Act.
Immediate Imprisonment is the sentence of last resort and will only be imposed when the seriousness and circumstances of the offence require it.
This type of offence is seen as highly serious in nature and is usually dealt with by a term of immediate imprisonment.
If the offence is committed by a juvenile offender in the course of conduct that constitutes an aggravated home burglary, the court must impose a minimum term of imprisonment of at least 3 years; or a term of detention of at least 3 years.
Not Guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges Dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have significant assault experience.
- Past Cases
- Good Results
- Happy Clients
