In Western Australia, the driver of a vehicle is not liable for the death of the opposing driver, driving and causing death can be categorised into Subsection 59BA of the Road Traffic Act 1974 Careless or Dangerous Driving Causing Death. Being prosecuted for either of these can result in license suspension, fine, or even jail time. So how long can you go to jail for driving and causing death? What are the consequences?
The answer is more complex than a standard amount of time and depends on the circumstances of the case.
First, what is manslaughter?
In Western Australia, the Criminal Code Compilation Act 1913 (henceforth Criminal Code) articulates the crimes of murder and manslaughter, as well as the mandatory minimum sentences that are to be applied if someone is found guilty.
Under section 280 of the Criminal Code, manslaughter occurs when a person unlawfully kills another person under such …