Manslaughter Under the Griffith Code: Rowing Not So Gently Down Two Streams of Law

Abstract

This article considers the two streams of law that can lead to a conviction for manslaughter under the Criminal Code 1899 (Qld). The first stream deals with acts or conduct that cause another's death in circumstances where that death is not an accident, while the second covers those deaths caused by criminal negligence. The article considers how the two streams of law interrelate and, in particular, the extent to which both are available in the same case. Some of the inconsistencies identified by judges in relation to these streams of law are considered and possible solutions are canvassed.

Keywords: Criminal law, Griffith Code, Unlawful killing, Manslaughter