Murder / Manslaughter Offences

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These the most serious types of crimes against a person.

Anyone who commits murder, attempted murder, or manslaughter can be sentenced to life in prison.

Murder

Murder (also called homicide) is the wilful killing of a person with intent to kill or cause grievous bodily harm.

In order for the prosecution to prove a principal offence for the charge of murder the prosecution must satisfy a jury of each of the following matters beyond a reasonable doubt.

  1. The accused either:
    a) Did an act, or one or more acts in a series of acts, that was a significant or substantial cause of the death of the victim or
    b) Acted in concert with another, each doing acts which, in aggregate, were a significant or substantial cause of the death of the victim;
  2. The killing was unlawful (that is, not authorised, justified or excused by law);
  3. The accused intended to kill the victim or cause him an injury of such a nature as to endanger or be likely to endanger the victim’s life.

Defences to a charge of Murder

The following defences are capable of being engaged at a trial involving a murder allegation:

  • Self-defence or defence of another
  • The defence of Accident
  • The defence of Provocation
  • The defence of Insanity
  • The victim is not deceased
  • The accused was not involved in the offence
  • The accused did not cause the death of the victim

Sentencing for Murder

If a person has a previous murder conviction or has been found guilty of multiple murders the minimum sentence is 30 years in prison.

If a person knowingly murders a police officer the minimum sentence is 25 years in prison.

Attempted Murder

Attempted murder is the attempt to unlawfully kill another person by any means, act or omission.

This charge will be laid if a person makes a serious attempt to kill another person or deliberately do any act which is likely to endanger human life. While the victim may survive due to interceding medical treatment, or some other reason, this fact does not reduce the seriousness of the offence.

The maximum penalty for this offence is also life imprisonment. However, similar to the treatment of manslaughter charges, the penalty can be reduced when mitigating circumstances are taken into consideration by the Court.

Manslaughter

Manslaughter is the unlawful killing of a person without intent to kill, usually as a result of a careless, reckless, or negligent act.

Manslaughter also includes the intentional killing of a person under extreme provocation or when a person’s state of mind impairs their capacity to understand or to control their actions — this is sometimes called diminished responsibility.

For example, if the elements of the offence meet the criteria for murder, but the circumstances surrounding the offence included sufficient provocation and the act that resulted in the killing was done in the heat of the moment, a charge of murder can be reduced to manslaughter.

How can Rawlings Criminal Law help?

Any person who faces a charge relating to the killing or attempted killing of another person faces a huge and life-changing legal battle. They will need sound legal counsel and a dedicated team of lawyers behind them to ensure that they are properly defended.

If you are facing a homicide charge, it’s essential that you have experienced criminal defence lawyers on your side.

Have you been charged with manslaughter or homicide?

Our key function as your defence is to argue against the prosecutor’s submissions by presenting your information in a meaningful, relevant, legally admissible, and persuasive way.

 

In building our strongest application for you to be granted bail, we will design and structure your submission so that:

  • all relevant information is well presented and highlighted
  • your application is comprehensive, articulate, and evidence based
  • legal issues are properly identified and argued
  • weaknesses in the prosecution’s case are identified and argued
  • the right people and resources have been coordinated to present a strong release plan
  • where appropriate and/or required, supporting material such as letters of support, the availability of a surety, evidence of a medical condition, employment references, and the impact of a remand in custody are presented in affidavit form

GET HELP NOW – BOOK A CONSULTATION

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If you are looking for a lawyer who will provide you with personal attention and formidable representation, then Rawlings Criminal Law is here for you.

 

Book your initial free consultation and let’s get your problem sorted.

 

If you are looking for a lawyer who will provide you with personal attention and formidable representation, then Rawlings Criminal Law is here for you.

 

Book your initial free consultation and let’s get your problem sorted.