Criminal Law | Murder
In NSW, murder is one of the two branches of the offence of homicide, which is the act or failure to act which results in the death of another person. For the offence to be considered murder, under the Crimes Act 1900 (NSW), it must be established that the defendant either intended to kill or seriously injury the victim or acted with a reckless indifference to human life. These are known as fault elements.
Criminal Law Defences to Murder
There are several defences to murder, these include: self-defence, necessity, provocation and duress. Although these may help minimise the seriousness of the crime, there is no complete defence of murder. The maximum penalty of murder is 25 years to life imprisonment, and the judge has the power to grant this if found guilty.
Manslaughter vs Murder
The other branch of homicide is manslaughter. This offence is similar to murder but differs on the basis that there is no intention established to cause death or grievous bodily harm. This means that the fault elements of murder have not been established, but the physical elements have. It is considered to be less serious compared to murder. The maximum penalty for a conviction of manslaughter is 25 years imprisonment.
If charged with murder or manslaughter, our team at Executive Legal will assist you in dealing with the tough decisions that are involved in the court process. We not only help you understand the charge laid upon you, but also, we will fight to achieve the best outcome possible, whether you decide to plead guilty or not guilty.