How manslaughter works in practice.
Manslaughter is an unlawful homicide that does not amount to murder because the mental element required for murder is not present. In Victoria it generally arises in two ways: unlawful and dangerous act manslaughter, where death is caused by a deliberate act that a reasonable person would recognise as exposing another to an appreciable risk of serious injury; and negligent manslaughter, where death results from a grossly negligent breach of a duty of care. Manslaughter is tried in the Supreme Court of Victoria and is a serious indictable offence carrying a substantial maximum penalty of imprisonment. The line between murder and manslaughter often turns on intent, and identifying which offence the facts support is central to how a homicide matter is run.
