Murder or Manslaughter
What is Murder or Manslaughter?
If you are facing an offence of Murder or Manslaughter, you will be charged pursuant to Section 18 Crimes Act 1900 (NSW).
The offences of murder and manslaughter are the most serious crimes on the criminal calendar and, if convicted, carry severe penalties. With that being said, there is a very heavy onus on the prosecution to prove each and every element before a person is found guilty.
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Our dedicated criminal lawyers have experience in running District Court Jury Trials with some of the most skilled barristers in NSW.
When to reach out to a criminal defence lawyer
It is important to urgently seek legal advice should you or someone you know be charged with an offence relating to the death of another person.
Our lawyers are available 24/7 and work around the clock to provide you with tailored and precise legal advice, defending you at all costs.
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FAQ
What is Murder?
In NSW, Murder can be established where:
- A person has died;
- Your act or omission has resulted in that death; and
- At the time, you either:
a. Had an intention to kill that person;
b. Had an intention to inflict grievous bodily harm on that person;
c. Foresaw the probability of death arising, however did it anyways (‘Reckless Indifference to human life’);
d. Did so during or immediately after committing another offence which carried a maximum punishment of 25 years or more (‘constructive murder’).
What is the maximum penalty?
If found guilty under this section for Murder, the maximum penalty is life imprisonment.
If found guilty of Manslaughter, the maximum penalty is 25 years imprisonment.
Can I defend this charge?
Yes, some available defences are:
- Mental Illness
- Self Defence
- You did not have the requisite intention
- You conduct was not the substantial cause of death
- Death caused by your actions was not reasonably foreseeable
- Your actions were involuntary due to being drugs or alcohol affected such that you are incapable of forming the requisite intention
What is Manslaughter?
In NSW, Manslaughter can be established where:
- A person has died;
- Your involuntary act or omission resulted in that death; and
- At the time, you either:
a. Acted in excessive self-defence;
b. Acted unlawfully or dangerously;
c. You owed a duty of care.
What Court are these charges heard in?
The charge will commence in the Local Court, however due to the offences being Strictly Indictable, it will ultimately be committed to a higher court to proceed to either a Trial by Jury (or in some cases, by Judge alone) or Sentence.
Is there any benefit to Pleading Guilty?
Ordinarily, where a person pleads guilty at the earliest opportunity – in this case, at the committal – the court allows for a mandatory 25% discount on sentence.
However, if the court is of the view that the culpability is so extreme that the community interest in punishment, community protection, retribution and deterrence is significant, the court can refuse to give a discount.
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