Murder / Manslaughter 2018-06-28T14:52:52+00:00

Murder / Manslaughter

The most contentious element of this offence is that the accused intended to cause death or grievous bodily harm. This is a question for a jury to decide based upon the evidence adduced at the trial.

The maximum penalty for this offence is life imprisonment.

The Prosecution must prove, beyond a reasonable doubt, that:

1. A death has occurred;
2. The accused caused the death; and
3. The accused intended to cause the death, or at least intended to cause the deceased grievous bodily harm.

The most contentious element of this offence is that the accused intended to cause death or grievous bodily harm. This is a question for a jury to decide based upon the evidence adduced at the trial.

Section 303 of the Criminal Code states that:

A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter.

For this offence to be made out it is not a requirement that intention to kill be proven. Therefore, an accused may be charged with this offence even if it is accepted that the act, causing the death, was an accident.

The maximum penalty for this offence is life imprisonment.

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