The offence of manslaughter is committed where one person causes the death of another person, in particular circumstances. The maximum penalty is 25 years imprisonment.
Examples of manslaughter include:
• Voluntary manslaughter
• Involuntary manslaughter by unlawful and dangerous act. Involuntary manslaughter by unlawful and dangerous act is committed where a person causes the death of another person by an act that is both unlawful and dangerous. An example may be where death results as a consequence of an assault.
• Involuntary manslaughter by gross negligence. Involuntary manslaughter by gross negligence is committed where a person causes the death of another person by way of a very high degree of negligence.
The offence of manslaughter covers a wide range of conduct and criminality and as a consequence, sentences do vary considerably.
There are two categories of manslaughter, voluntary and involuntary. Voluntary manslaughter is where an individual charged with murder argues the partial defence of provocation, excessive self-defence, or substantial impairment that reduces the offence to manslaughter.
Involuntary manslaughter is where a person causes the death of another but without the mental element for murder. An accused may be charged with manslaughter that results from an unlawful and dangerous act for example during a fight where the victim hits their head and dies.
Alternatively, an accused may be charged with manslaughter by criminal negligence. That is where the act which caused the death was done consciously and voluntarily in circumstances which involved such a high risk that death or grievous bodily harm would follow.
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