Manslaughter in Australian law refers to the unlawful killing of a human being considered by law to be less blameworthy than murder. [1] The main difference is the mental state ( mens rea ) of the defendant, or the prominence of a partial defence, absolving the defendant of some level of culpability for the killing.
Manslaughter is criminalised in Australia under both common and statutory law, and differs slightly between jurisdictions. The offence is split into voluntary and involuntary manslaughter, again depending on whether the defendant had the requisite mens rea for the offence. [1]
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Voluntary manslaughter occurs when the defendant posesses the requisite mens rea for the offence, and the elements of homicide are present and can be proven, but there are mitigating circumstances that reduce the defendant's culpability. [1] [2]
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Involuntary manslaughter occurs when the defendant kills a victim without intending for them to die, in other words, the necessary mens rea for murder was not present. [3]
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