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8.2.10 - Checklist: Criminal Negligence Manslaughter

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Criminal Negligence Manslaughter Self-Defence

[This checklist can be used instead of the Manslaughter Checklist if it is alleged that the accused committed criminal negligence manslaughteron or after 23 November 2005 and before 1 November 2014 and there is evidence from which a jury might infer that he or she was acting in self-defence.

The checklist is designed for use where it is alleged that the accused believed it was necessary to do what s/he did to defend him/herself. It will need to be modified if it is alleged that the accused acted to defend another person or to terminate the unlawful deprivation of liberty.

If it is alleged that the accused committed both criminal negligence manslaughter and unlawful and dangerous act manslaughter, see Checklist: Manslaughter Self-Defence.

If it is alleged that the accused committed unlawful and dangerous act manslaughter only, see Checklist: Unlawful and Dangerous Act Manslaughter.

If it is alleged that the accused committed the manslaughterprior to 23 November 2005, see Common Law Self-Defence.

If it is alleged that the accused committed the manslaughter on or after 1 November 2014, see Statutory Self-Defence.]

Manslaughter

Before you can convict the accused of manslaughter, the prosecution must prove, beyond reasonable doubt, that:

  1. The accused committed a criminally negligent act; and
  2. The accused’s act was not committed in self-defence.

 

Criminal Negligence

1. Has the prosecution proved that the act which caused the victim’s death was committed in circumstances which involved such a great falling short of the standard of care that a reasonable person would have exercised, and involved such a high risk of causing death or really serious injury, that it deserves to be criminally punished?

If Yes, then go to 2a

If No, then the accused is not guilty of Manslaughter

Self-Defence

2a. Has the prosecution proved that the accused did not believe that it was necessary to do what s/he did to defend him/herself?

Consider – What were the circumstances as perceived by the accused?

If Yes, then the accused is guilty of Manslaughter
(as long as you also answered Yes to Question 1)

If No, then go to 2b

2b. Has the prosecution proved that the accused did not have reasonable grounds for his/her belief that what s/he did was necessary to defend him/herself?

Consider – What were the circumstances as perceived by the accused?

If Yes, then the accused is guilty of Manslaughter
(as long as you also answered Yes to Question 1)

If No, then the accused is not guilty of Manslaughter

Last updated: 1 November 2014

See Also

8.2 - Statutory Self-Defence (Pre - 1/11/14) and Defensive Homicide

8.2.1 - Charge: Murder Self-Defence

8.2.2 - Charge: Defensive Homicide

8.2.3 - Checklist: Murder Self-Defence with Manslaughter

8.2.4 - Checklist: Murder Self-Defence with Criminal Negligence Manslaughter

8.2.5 - Checklist: Murder Self-Defence with Unlawful and Dangerous Act Manslaughter

8.2.6 - Checklist: Murder Self-Defence with No Manslaughter

8.2.7 - Charge: Manslaughter Self-Defence

8.2.8 - Checklist: Manslaughter Self-Defence

8.2.9 - Checklist: Unlawful and Dangerous Act Manslaughter