The crime of manslaughter, also known as involuntary homicide, is a difficult area of the legal field to navigate. This is primarily due to the fact of its closeness to the offence of homicide, with the skills of an experienced manslaughter lawyer in Sydney often necessary to separate these distinctions.
By definition, involuntary homicide has less guilt associated with it then cases of murder. For this reason the penalties for this offence are often less severe and this distinction is often sought after by clients who hire a manslaughter lawyer in Sydney.
Let’s take a quick look at the legal landscape a manslaughter lawyer in Sydney must navigate on behalf of their clients.
Distinctions
In the state of New South Wales, homicide refers to the act or failure to act that leads to the death of another human being. The homicide is then defined as being either a case of murder or of manslaughter.
Obviously, murder is taken more seriously as a homicide because it is alleged that the accused deliberately seriously injured or killed their victim. It is also considered murder when the death is the result of the accused acting with a reckless indifference for their victim’s life, even if they had not directly intended to kill them.
If a homicide is not defined as being a murder, it can be labelled as manslaughter. This type of involuntary homicide is considered to be less serious than murder but is still one of the most damning criminal offences, often requiring the skills of a manslaughter lawyer in Sydney to defend against.
An involuntary homicide is proven when the accused is found to have committed an act that resulted in the death of another human being but was not done with malicious intent or reckless indifference to the victim’s life.
It is often that someone requires a manslaughter lawyer in Sydney when they have been accused of failing to commit an act that would have ensured the survival of the victims. An example of this would be if someone got lazy at work and failed to take a safety precaution that could have saved the life of a co-worker.
It is also considered an involuntary homicide when someone is killed as the result of committing a dangerous or unlawful action. An example of this was if someone was going over the speed limit while driving and lost control, running over another person and killing them.
While this offence is considered as sinister as murder, it is still dealt with seriously. Those who are accused of this crime should seek a professional manslaughter lawyer in Sydney or they could potentially face the maximum penalty of 25 years imprisonment.
How to defend against police prosecution
If the police prosecution seeks to charge you with this offence, then you will need a manslaughter lawyer in Sydney to help you in the following methods of defence:
- If you did not commit the act you are accused of, maintain your innocence;
- Make the argument that you did not commit an act or failed to commit and act that resulted in the victim’s death;
- Make the argument that your actions are not responsible for the death of the victim;
- Make the argument that you did not commit any negligent actions; or
- Make the argument that the actions you took or failed to take where forced by self-defence, necessity or duress.
A manslaughter lawyer in Sydney will need to help you gather evidence that supports one of the above claims in order to contradict the prosecution. Sometimes a manslaughter lawyer in Sydney will be engaged for the purposes of proving that the homicide was involuntary, rather than a murder.
As the offence is a strictly indictable offence it will need to be heard in either a District Court or The Supreme Court of NSW, and you will need criminal solicitors in Sydney to help you. Looking carefully is the best way to find the right defenders for your situation.
