Frequently Asked Questions
Q: What is involuntary manslaughter?
In the event that the accused caused the death of a person, but lacked the mental state for murder, a charge of involuntary manslaughter may be the result. A charge of unlawful and dangerous act manslaughter requires the prosecution to prove that the accused had caused the death of a person during an unlawful and dangerous act, as was noted by the High Court in Wilson v The Queen (1992) 174 CLR 313.
Involuntary manslaughter may also encompass actions where an accused exercised gross negligence that resulted in the death of a person. Generally speaking, such charges are the result of a death in instances where an accused had failed to act in circumstances where they were bound by legal duty to act, such as a relationship between a parent and child for example.