Manslaughter in the Workplace

Abstract

The recent decision of the NSW Court of Appeal in R v Moore [2015] NSWCCA 216 (15 Dec 2015) contains some important guidance on the possibility of a charge of manslaughter being successful in relation to a death in the workplace. Unfortunately, there are still some uncertainties, some of them created by the slightly unusual set of facts in this case. But the case overall is an important reminder that carelessness or breach of statute causing death at work may be charged in a serious case as manslaughter, and not only under specific workplace safety legislation.

Keywords: Negligent Manslaughter, Workplace Manslaughter