Murder and Manslaughter

Criminal Defence Lawyers

Murder/Homicide

If you’re charged with murder or manslaughter, it’s essential you get early legal advice from an experienced criminal defence lawyer. After all, these are serious indictable matters carrying severe penalties, including lengthy custodial sentences –in some cases including life imprisonment.

Our criminal defence team advises and represents clients facing allegations of murder and manslaughter, and provides detailed evidentiary analysis, careful casestrategy and thorough preparation to every client. We also work closely with experienced counsel and independent experts, so that your case is presented in the most effective way.

Murder is defined as an unlawful and intentional killing of another person. It is the most serious charge in our criminal law system and carries a maximum penalty of life imprisonment if found guilty.

Being accused of murder can be a very stressful and overwhelming event – but you don’t need to go through it alone. Our team of experienced and talented lawyers will defend your interests and provide you with fearless and effective representation. Our firm regularly represents clients charged with offences of murder, including high- profile and organised criminal murder. Our reputation of fearless and effective representation will be your greatest asset.

Manslaughter

Manslaughter is an unlawful killing of another person. You can be charged with
manslaughter if the Police can prove that your actions resulted in the death of
someone else but cannot prove that you intended to kill or seriously injure that
person.

The maximum penalty for manslaughter is 25 years imprisonment.

FAQs about murder and manslaughter

What do the Police have to prove to convict someone of murder?

To secure a conviction for murder, the Police must prove that you:

  1. Caused the death of a person; and
  2. You intended to kill that person or intended to cause grievous bodily harm.

What does ‘intent to kill’ mean?

The word ‘intent’ is given its ordinary
meaning and a person’s intent at the
time of an offence can be inferred from
the circumstances of the death or the
conduct of an accused before, at the
time of, or after the act of the accused
which caused the death.

 

What is the difference between murder and manslaughter?

The simple difference between the two offences if whether or not you had an intention to kill or injure the deceased person at the time of committing the offence.

Can I be charged with murder if I wasn’t at the murder scene?

Yes. If the Police can establish that you were part of a group of people with a common goal to kill or seriously injure someone and you performed a certain task to advance that goal, you may be charged with murder. This is known as the concept of ‘joint criminal enterprise.

 

Is it possible to beat a murder charge?

Yes, with the right team by your side and preparation. There are multiple established defences for murder.

 

Which court will hear my murder charge?

Your matter will begin in the Local Court, but the Trial and/or Sentence will be heard in the Supreme Court of NSW.

 

What are the possible penalties for murder?

If you are convicted of murder, you will almost certainly be sentenced to full-time imprisonment. The term of that imprisonment will be affected by multiple factors, including:

  • Whether the offending was part of an organised criminal activity;
  • Your role in the murder;
  • Whether you entered a plea of guilty at an early stage; and
  • Your criminal history.

Are there any alternative verdicts for a charge of murder?

Yes. A jury can acquit you of murder but find you guilty of manslaughter, which is a statutory alternative offence.

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