Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

Every other punishable homicide shall be taken to be manslaughter.

MURDER OR MANSLAUGHTER

MURDER SECTION 18 (1)(a) CRIMES ACT 1900

The Crimes Act defines murder as any action carried out recklessly or with malicious intent, leading to the death of another person. It represents the most serious of criminal offenses and carries a maximum penalty of life imprisonment. Due to the severity of such criminal act, murder can only be dealt with exclusively in the supreme court.

MANSLAUGHTER SECTION 18 (1)(a) CRIMES ACT 1900

Manslaughter is further categorised ed into two types: voluntary and involuntary.

  1. Voluntary manslaughter occurs when there was no premeditated intent to cause death, but the act was provoked adequately.

  2. In contrast, involuntary manslaughter happens when death results from unlawful yet unintentional actions. Examples of manslaughter, as opposed to murder, include scenarios such as punching someone who falls and fatally hits their head, negligent driving resulting in a fatal accident, or failure to secure scaffolding properly leading to a worker's death at a job site.

Manslaughter carries a reduced sentence of up to 25 years.

PENALTIES FOR CONVICTION

While murder can lead to a maximum penalty of life imprisonment, manslaughter typically carries a maximum sentence of 25 years, though this is often reserved for repeat offenders, severe cases, or individuals with extensive criminal records. It is important to recognise that the majority of offenders receive custodial sentences, which should be an expected penalty with a guilty conviction.

Depending on the circumstances and with the assistance of experienced criminal lawyers, the Court may consider alternative penalties suitable. These may include mandatory behavioral programs, community service obligations, or penalty fines given by the Court. Additionally, the Court may impose other measures such as intensive correction orders (ICOs), home detention, or supervised sentences.

THE DEFENCE

Sydney Defenders employ various defence strategies to secure optimal outcomes for our clients. Some defences offer a complete exoneration, resulting in their dismissal. Other strategies constitute partial defences, potentially leading to a reduced sentence or a milder consequence than without our representation.

  • Self-Defence: One of the most frequently used defences is self-defence, applicable when an individual commits a criminal act to protect themselves, their property, or another person from an unjust aggressor.

  • Duress: Involves situations where the accused has been coerced into committing a criminal act due to threats. It must be established that the accused would not have acted in this manner under normal circumstances, but the threat was significant enough to compel them to commit the act to prevent harm such as death or grievous bodily harm.

  • Necessity: Often confused with duress, necessity applies when a criminal act is committed to avert imminent danger posed by human or natural forces.

  • Automatism: Automatism occurs when an individual commits a criminal act without conscious intent or control. It is divided into two categories: insane automatism, where the person is not in control due to a mental illness like schizophrenia, and non-insane automatism, where external factors impair their ability to control their actions, such as a diabetic entering a hypoglycaemic state.

  • Mental Illness: Under the Mental Health Act 1990, a defence of mental illness can be raised if it can be shown that the accused was mentally ill at the time of the offence. This may lead to orders for behavioural programs or treatment rather than imprisonment.

  • Battered Person Syndrome: Also known as battered spouse syndrome, this defence is commonly seen in individuals who have experienced prolonged abusive relationships. It can impact their behaviour and decision-making, leading to criminal acts they might not have committed otherwise. While related to self-defence, it differs in that the threat is not always immediate or direct, thus challenging the justification of self-defence in court.

WHY CHOOSE SYDNEY DEFENDERS TO BE IN YOUR CORNER

Sydney Defenders specialises in advocating for their clients, protecting their rights and seeking justice through fair hearing.

Drawing upon a collective experience of over a decade, our firm is dedicated to delivering services that excel beyond comprehensive, honest and strategic representation but also supportive and empathic client-lawyer connection.

This unique blend of qualities has earned our team a stellar reputation for providing five-star quality services, as recognised by our clients.

Whether you're seeking to plead not guilty, aiming for the best legal outcome, or assisting a loved one in applying for bail. Making sure you have experienced lawyers who understand the intricacies of the law is fundamental.

Getting legal advice early on is crucial to ensuring your rights and interests are protected. Our lawyers will properly assess your case and guide you towards achieving the best possible outcome.