Citation

McGorrery P, McMahon M. Alt. Law J. 2019; 44(1): 23-28.

Copyright

(Copyright © 2019, Legal Service Bulletin Co-operative (Australia), Publisher SAGE Publishing)

DOI

10.1177/1037969X18802455

PMID

unavailable

Abstract

For more than half a century, Australian states and territories have criminalised the distinct offence of inciting another person to commit suicide. The maximum penalties for these offences vary and require the accused to have intended that the victim would commit suicide. In contrast, the offence of involuntary manslaughter does not require such an intention. Instead, a charge of manslaughter requires that the accused acted in a conscious and voluntary way that caused the victim's death, and that their conduct was either criminally negligent or unlawful and dangerous. Drawing on cases from the United States and United Kingdom, this article suggests that in appropriate circumstances in Australia, especially in the context of family violence, offenders should be held criminally liable for manslaughter if they cause another person to commit suicide.

Language: en

Keywords

causation; Criminal law; criminal liability; free will; manslaughter; suicide