LAWS5004 Study Guide - Final Guide: Redfern Railway Station, Reasonable Person, William Gummow
Document Summary
Definition: recall the statutory definition of manslaughter under s 18(1) of the crimes act 1900. Voluntary manslaughter is a mid-way category between murder and lawful homicide, where d is able to rely on a complete defence, for example self- defence, to avoid liability completely. Involuntary manslaughter: where the offender commits an unlawful homicide, neither intending to cause death or grievous bodily harm to the victim, nor possessing other mental elements necessary for murder. [see r v. lavender (2005) 222 clr 67] Mens rea (1) foresight of probability of (1) the mr of an unlawful act; and. Involuntary manslaughter (i) manslaughter by unlawful and dangerous act (a) definition & elements. Prosecution must prove that the defendant had the mr for the unlawful and dangerous act: the only intent required is an intent to do the act which is unlawful and dangerous: dpp v. newbury.
