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