Where an accused's case at trial is that the fatal act was accidental and not deliberate, and that the accused was not acting in self-defence, the trial judge is required to leave manslaughter by unlawful and dangerous act to the jury as an alternative verdict. The protean character of manslaughter makes sentencing comparisons between cases notoriously difficult, and appellate intervention requires demonstration that the sentencing discretion miscarried in the House v The King sense.
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