Crimes Against the Person: Manslaughter, Defensive Homicide, Serious Driving Offences and Infanticide

What are the two kinds of Manslaughter, and what's the difference?

Voluntary: The accused could technically be found guilty of murder, but their liability has been reduced due to mitigating circumstances like self-defence.
Involuntary: The accused did not mean to kill, but the victim died because of the injuries they sustained, criminal negligence or because the accused caused the death while committing an unlawful act

What must be proven to convict someone of Manslaughter?

That the accused did not intend to kill the victim, and that there were circumstances which required them to defend themselves.

What is Defensive Homicide?

When a person believed in the moment that it was necessary to defend themselves or others, but that belief was ultimately unreasonable.

What is Culpable Driving?

When someone causes someone else to die by driving a motor vehicle. A person may be charged with this if they drove recklessly with disregard for potential deaths, drove negligently or drove under the influence of drugs and/or alcohol. 20 years jail is the maximum sentence.

What is Dangerous Driving?

When someone drives a motor vehicle at a speed or manner that is a threat to the public. Someone who commits this offence and also kills someone is found guilty of an indictable offence, with a maximum sentence of 10 years jail.

What is Infanticide?

When a mother or birthing person kills their child as the result of a mental health issue such as postnatal depression or another disorder which had developed in the proceeding 2 years after the birth.

What are some legal defences to a crime against the person?

Family violence, Sudden or extraordinary emergency, Duress, Mental Impairment, Self-induced intoxication or drugs, Accident