What is voluntary and involuntary manslaughter?

KEY TAKEAWAYS

Involuntary manslaughter is where death is caused by an act caused by an unlawful and dangerous act, or criminal negligence. In comparison, voluntary manslaughter is where death is caused by an act caused by extreme provocation, substantial impairment by abnormality of mind, or excessive self-defence. Both voluntary and involuntary manslaughter each carry a maximum penalty of 25 years imprisonment, with no standard non-parole period.

Manslaughter is divided into involuntary and voluntary manslaughter in Australia. The main difference between the two is the level of criminality or culpability inherent in the nature of the crime. Voluntary manslaughter generally attracts a greater sentence than involuntary manslaughter. But there have been cases where involuntary manslaughter has attracted a heavier sentence than voluntary manslaughter. This depends on the features of each case.