The offence
Manslaughter covers unlawful killings that do not amount to murder. Voluntary manslaughter arises where the elements of murder are made out but a partial defence (diminished responsibility or loss of control) applies. Involuntary manslaughter arises where an unlawful act, or gross negligence, causes death without intent to kill. The maximum is life imprisonment.
Defences
- A partial defence reducing murder to manslaughter
- No unlawful or dangerous act in involuntary manslaughter cases
- No gross breach of duty of care in gross negligence manslaughter
- Disputed causation or the medical evidence
Sentencing
Unlike murder, manslaughter has no mandatory sentence; the court has discretion up to life. Sentences range from community-based disposals, through determinate custody, to life imprisonment, depending on culpability and harm.
Frequently asked questions
Murder requires intent to kill or cause grievous bodily harm and carries a mandatory life sentence. Manslaughter is an unlawful killing without that intent, or where a partial defence reduces murder, and the sentence is at the court’s discretion.
Where an unlawful and dangerous act, or gross negligence, causes death without intent to kill. It carries up to life imprisonment but is often sentenced far lower than murder.
No. The court has full discretion, from a community order to life imprisonment, depending on the culpability and harm.