Text as at 26 April 2026

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5 Punishment of manslaughter

Whosoever is convicted of manslaughter shall be liable to level 2 imprisonment (25 years maximum).

S. 5 amended by Nos 49/1991 s. 119(1) (Sch. 2 item 3), 48/1997 s. 60(1)(Sch. 1 item 3), 65/2016 s. 20(2), 16/2020 s. 3.Notes to s. 5 inserted by No. 72/2014 s. 4, amended by No. 65/2016 s. 20(3)(4).Note 3 to s. 5 repealed by No. 23/2020 s. 9.

1Manslaughter is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

2Sections 9B and 9C of the Sentencing Act 1991 require that, in certain circumstances, a term of imprisonment be imposed for manslaughter and a non-parole period of not less than

10years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.

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4Sections 9B and 9C of the Sentencing Act 1991 do not apply unless the DPP serves and files a notice under section 9A of that Act.