{"_key":"1045f573-765b-584e-9ddb-e5ad8c9d3c26","definitions":[{"example":"The death of a robber who was restrained by passersby has been recorded as misadventure.","text":"an accidental death","audio":"en-us/1045f573-765b-584e-9ddb-e5ad8c9d3c26/529a65cd-5b3c-5b92-a8b1-18821bfe26d8.mp3"}],"dictionary":"en","fol":[{"name":"Health and Safety Law","url":"/dictionaries/en/health-and-safety-law"},{"name":"Criminal Law","url":"/dictionaries/en/criminal-law"},{"name":"Employment Law","url":"/dictionaries/en/employment-law"},{"name":"Insurance Law","url":"/dictionaries/en/insurance-law"},{"name":"Health Care Law","url":"/dictionaries/en/health-care-law"}],"notes":[{"text":"The term is usually used to describe an accidental death that happens while a person is performing some kind of legal act without negligence or intent to harm anyone. However, the term is also sometimes used in relation to deaths that occur during a criminal act eg a burglar dies while committing a burglary. "},{"text":"In some jurisdictions, misadventure is a defence to a murder or homicide charge: In this second petition for post-conviction relief, [1] defendant contends that during his 1984 trial,\r\nthe trial judge erred when he failed to instruct the jury on the issue of causation consistent with\r\nNJSA 2C:2-3b and erred when he instructed the jury on the defense of misadventure."}],"phrases":[{"text":"In October, she had recorded a verdict of misadventure after the Rehab star, 27, died of alcohol poisoning in her Camden flat in north London."},{"text":"In this appeal defendant contends that it was error (1) not to charge the jury on the\r\nlaw regarding homicide by misadventure (mistake), and (2) not to charge the jury\r\non the law with respect to voluntary manslaughter."},{"text":"Appellant argues that trial counsel\r\nwas ineffective because of his failure to request that the jury be instructed as to\r\nhomicide by misadventure. "},{"text":"\"(W)hen the intentional killing of a human being with a deadly weapon is admitted, or is established by the evidence, the law then casts upon the defendant the burden of proving to the satisfaction of the jury, not by the greater weight of the evidence, nor beyond a reasonable doubt, but simply to the satisfaction of the jury, legal provocation that will rob the crime of malice, and thus reduce it to manslaughter, or that will excuse it altogether upon the ground of self-defense, accident or misadventure.\" (Except for the use of the word intentional in the first line, this portion of the charge is taken almost verbatim from the opinion in State v. Benson, 183 N.C. 795, 111 S. E. 869.)"},{"text":"Defendant also argues that the trial court committed reversible error by refusing to\r\ngive to the jury an instruction tendered by defendant which supported defendant's\r\ntheory that the death was caused by accident or misadventure."},{"text":"Here, where the accused admits firing the fatal shot while aiming at or in the\r\ndirection 1028 of the decedent, it is the province of the trier of fact to determine whether\r\nthe killing was by misadventure or by reckless conduct."},{"text":"The testimony of the appellant\r\nalso clearly raised the issue of excusable homicide by misadventure."}],"pos":"noun","posSlug":"noun","slug":"misadventure","term":"misadventure","termAudio":"en-us/1045f573-765b-584e-9ddb-e5ad8c9d3c26/a42271fd-4358-5f2d-8f74-e51f23a6b25c.mp3"}