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Manslaughter Lawyers Queensland
Manslaughter is one of the most serious charges under Queensland law. If you or someone you care about has been accused of manslaughter, it is vital that you understand the nature of the offence, the potential penalties and why it’s essential that you get immediate legal advice.
What is manslaughter under Queensland law?
Manslaughter is defined under section 303 of the Criminal Code Act 1899 (Qld) as the unlawful killing of another person, but in circumstances that don’t amount to murder.
In simple terms, manslaughter occurs when someone causes the death of another person but doesn’t have the level of intent required for murder.
What’s the difference between murder and manslaughter?
The critical difference comes down to what the person accused intended to do.
- Murder requires proof that the accused intended to kill or cause grievous bodily harm to the person who died, or acted with reckless indifference to their life.
- Manslaughter covers unlawful killings where there was no intention to kill, but where death was still caused by the accused’s unlawful conduct or negligence.
Because of this distinction, manslaughter is still punished severely, but courts tend to have more flexibility on sentencing than with murder.
Call us if you're facing a manslaughter charge
At Osborne Butler Lawyers, we’re experienced in defending all types of manslaughter charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Use the form to ask us anything. We’ll respond in 24 hours.
How does manslaughter happen?
In Queensland, there are four different ways manslaughter generally happens. Here are some examples of each type.
1. A deliberate act but without intention to kill or commit bodily harm
Example: A person rugby tackles an intruder and the person falls awkwardly, suffers complications and dies. That’s because the act was deliberate, but there was no intent to cause death or serious injury.
2. Death during an unlawful act
Example: A person punches someone during an argument and the victim falls, hits their head and dies. However, there must be no intention to cause death or grievous bodily harm, otherwise it is murder.
3. Criminal negligence
Example: A factory owner fails to take adequate steps to protect a dangerous machine and a worker falls into it and dies.
4. A deliberate act where the law recognises mitigating circumstances (such as provocation or diminished responsibility).
Example: A person acts in the heat of sudden provocation and fatally strikes another. While there was intent to act, the law may treat this as manslaughter rather than murder.
What are the penalties for manslaughter in Queensland?
Manslaughter carries a maximum penalty of life imprisonment, just like murder.
However, unlike murder, the court doesn’t have to impose a mandatory life imprisonment. Instead, it considers a wide range of factors.
- The level of moral culpability. This involves analysing the extent to which the accused’s conduct can be blamed for the death.
- The relationship between the parties. For instance, a domestic violence victim who accidentally kills an abusive partner in self-defence may find it easier to escape a manslaughter conviction than someone who kills a passenger while driving their motor vehicle dangerously.
- Whether the death was reasonably foreseeable. If the accused couldn’t reasonably have seen that their conduct would cause death, they’re less likely to be convicted.
- Aggravating or mitigating factors. The court will consider factors that count both for and against a manslaughter conviction. These include the extent to which the accused cooperated with police, whether they have shown remorse for their actions and whether they have any prior history of similar criminal offences.
Sentencing for manslaughter in Queensland
The exact sentence for manslaughter can vary.
However, Queensland Government data taken between 2005/6 and 2023/4, shows the following:
- 100% of manslaughter convictions in Queensland received a custodial sentence (i.e. imprisonment).
- The average sentence for an adult was 8.8 years
- The average sentence for a child was 5.5 years.
Defending a manslaughter charge
Because manslaughter cases usually rely on forensic evidence, expert testimony and complex legal arguments, it’s essential you have experienced legal representation from the start.
If you’re faced with this situation and asking yourself, “How do I defend a manslaughter charge?” the answer will depend entirely on the circumstances of the case.
Your lawyer will carefully examine the evidence, the cause of death and the surrounding events to identify the strongest defence strategy.
After this is done, they may advise you to raise one of these legal defences.
Self defence
If you were acting to protect yourself or another person, self-defence may apply.
Example: If someone attacked you and you used reasonable force to protect yourself, and unexpectedly killed them, you may not be criminally responsible.
Note: Queensland law distinguishes between unprovoked (s 271 Criminal Code) and provoked (s 272 Criminal Code) assaults. Both allow force to be used, provided it’s reasonable in the circumstances.
Accident
The law recognises that sometimes tragic consequences occur without foresight.
Example: If you pushed someone lightly and they suffered an unforeseen medical complication that led to death, this might be considered an accident.
Note: Under section 23 of the Criminal Code, if you didn’t intend to kill the victim and death wasn’t a reasonably foreseeable result of your actions, you may be able to use this as a defence.
Lack of causation
The prosecution must prove that your actions directly caused the death. If they can’t, this may form a defence.
Example: If the victim died from an unrelated medical condition that was not connected to your conduct, you may not be criminally responsible.
Note: under section 23(1A) of the Criminal Code, you’re not excused from responsibility simply because the victim had a pre-existing weakness or abnormality.
Mental impairment
If you were suffering from a mental condition that substantially impaired your ability to understand or control your actions, mental impairment may be a defence.
Example: Where a psychiatric illness prevented you from knowing that what you were doing was wrong.
Note: These cases usually involve expert evidence and may be referred to the Mental Health Court.
Provocation
In rare cases you may be able to raise provocation as a defence to manslaughter. For this to be available, the victim must have committed a wrongful act or insult that would cause an ordinary person to lose self-control and respond suddenly.
Example: An act committed “in the heat of passion” before there was time to cool off.
Note: Provocation is more commonly a partial defence to murder (reducing it to manslaughter), but in some circumstances it can provide a complete defence to offences like assault or manslaughter.
Diminished responsibility
If you were suffering from something that substantially impaired your judgement or self-control, the defence of diminished responsibility may apply.
Example: If a psychiatric condition meant you couldn’t properly understand your actions, murder may be reduced to manslaughter.
Note: This defence requires strong psychiatric evidence and is assessed carefully by the courts.
How a criminal defence lawyer will help
Defending a manslaughter charge usually requires a detailed examination of both the evidence and the law. An experienced criminal defence lawyer will:
- Analyse the prosecution’s case to identify weaknesses and inconsistencies.
- Gather expert and forensic evidence to support your argument.
- Collect witness statements that support your account of events.
- Test the admissibility of the prosecution’s evidence where they can.
- Negotiate with prosecutors to reduce or withdraw charges if possible.
Because every manslaughter case is different, the right defence strategy must be tailored to your circumstances. An experienced criminal defence lawyer can make a critical difference to the outcome.
What should you do if you are accused or charged with manslaughter?
If you’re under investigation or charged with manslaughter, it is vital that you:
- Do not speak to police without a lawyer present
- Avoid posting online or messaging anyone about the matter
- Preserve any evidence you know of, such as CCTV, messages or documents
Early legal advice can dramatically influence the course of your case.
When should you contact a criminal defence lawyer after being charged with manslaughter?
Immediately.
You should contact a criminal defence lawyer as soon as:
- You’re contacted by police
- You’re accused of serious harm or involved in a fatal incident
- You believe charges may be laid.
This is not a time to take chances. Legal advice from the outset can change the entire trajectory of your case.
Call us if you're facing a manslaughter charge
At Osborne Butler Lawyers, we understand how stressful and confusing a manslaughter charge can be for you and your family. We have the experience, knowledge and judgement to guide you through this complex process with clarity and strength.
Whether you’ve been charged or are under investigation, we’re here to help.
Use the form below to get in touch. We’ll respond within 24 hours.
Frequently asked questions about manslaughter in Queensland
Can manslaughter charges be reduced or dropped?
Yes. Depending on the evidence, your lawyer may be able to argue for a complete defence (leading to an acquittal) or negotiate for the charge to be reduced. For example, they may be able to negotiate for murder to be reduced to manslaughter or for manslaughter to be reduced to a lesser offence.
What is the sentence for manslaughter in Queensland?
Manslaughter carries a maximum penalty of life imprisonment. In practice, sentences vary widely depending on the circumstances. Recent Queensland data shows the average sentence for adults is around nine years, but each case is unique. However, if you are convicted of manslaughter, you will almost certainly face a custodial sentence (i.e. imprisonment).
Is provocation a defence to manslaughter?
In rare cases, yes. Provocation can sometimes be used as a defence to manslaughter, though it is more often a partial defence to murder (reducing it to manslaughter). Whether it applies depends on the specific facts of the case.
What should I do if the police want to interview me about a death?
Do not answer questions without legal advice. Politely decline to be interviewed until your lawyer is present. Anything you say can be used against you, so getting advice first is critical.
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If you or someone you care about is facing a manslaughter charge in Queensland, contact Osborne Butler Lawyers immediately for expert legal advice and defence.
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If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
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