Like murder, manslaughter requires that:

However, the final element that is required to establish murder, that is, that the defendant intended to cause death or grievous bodily harm or knew that their actions would result in death or bodily harm, is not present in a case of manslaughter. This is because the law recognises that there is a significant distinction to be made between a death caused as a result of a person’s deliberate intent or recklessness and one that, although caused as a result of a person’s actions, was not intended by them to result in such harm.

Within the offence of manslaughter the common law recognises different categories of manslaughter. A distinction is often made between voluntary and involuntary manslaughter.

Voluntary manslaughter occurs where all the elements for the offence of murder are met but liability is reduced due to mitigating circumstances such as occurring in circumstances of self-defence.

Involuntary manslaughter involves the following categories:

Maximum penalty:

The maximum penalty for manslaughter is life imprisonment or for a fine or both [s 13(1) Criminal Law Consolidation Act 1935 (SA)].

If the victim's death was caused by the convicted person's use of a motor vehicle, the court must order that the person be disqualified from driving for a minimum of 10 years [s 13(2) Criminal Law Consolidation Act 1935 (SA)].

[See also: Defences].