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Murder / Manslaughter Offences – WA

Welcome to the WA Manslaughter article page. Everything you need to know about Manslaughter according to WA Law.

What the Law states according to WA Law for Manslaughter.

According to WA Law for the charge of Manslaughter,

Section 280: If a person unlawfully kills another person under such circumstances as not to constitute murder, the person is guilty of manslaughter.

The Maximum Penalty – Manslaughter

According to WA Law for the charge of Manslaughter,

The maximum penalty is 20 years imprisonment.

What the Police must prove according to WA Law for Manslaughter

(1) The victim is dead; and
(2) The offender unlawfully killed that person (ie. the act is not authorised, justified or excused by law).

There is no requirement for the prosecution to prove that the accused intended to harm anyone.

Possible Defences under WA Law – Manslaughter

(a) Accident;
(b) Insanity;
(c) Duress;
(d) Emergency;
(e) Self-defence;
(f) Identification (ie. the accused is not the person who killed the victim); and
(g) The act of the offender did not cause the death of the victim.

Provocation is not a defence for this offence.

In WA which court will hear the matter – Manslaughter

The matter will be dealt with in the Supreme Court.

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