Basically, murder is the intentional killing of another person.
Section 18 of the Crimes Act (NSW) 1900 defines murder as an act or omission by an accused person, which causes the death of another person, and the act or omission is done with either:
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an intention to kill
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an intention to inflict grievous bodily harm, or
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a reckless indifference to human life (that is, the accused was aware or could foresee that his act or omission could cause someone’s death, but didn’t care about the consequences).
As such, two things must be established by the crown (the police prosecutor) for the crime of murder:
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an ‘act or omission’ causing death;
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an ‘intention’ by the accused to kill, inflict grievous bodily harm, or be recklessly indifferent to the occurrence of death by the act or omission.
Penalty for Murder
Section 19A of the Crimes Act provides that the maximum penalty for the offence of Murder is life imprisonment. This is a mandatory sentence under section 61 of the Crimes (Sentencing Procedure) Act.
Possible full and partial Defences
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Self Defence or Defence of Others: This is a full defence to murder, however if excessive force was used in self defence, it will only be a partial defence reducing murder to manslaughter).
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Necessity (also a possible full defence).
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Duress (under same category as necessity and is a possible full defence).
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Automatism & insanity (will usual entitle accused to an acquittal, but in the case of insanity).
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Intervening events (can end in acquittal if it can be proved).
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Provocation (a partial defence).
How can Prime Lawyers help?
Our criminal lawyers have a wealth of experience and knowledge in murder cases. If you are pleading guilty to a murder charge we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes. We are also experienced in plea bargaining with the Police and the Crown Prosecutors, which can often reduce the penalty imposed also. Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this.
If you wish to defend the charge our criminal lawyers will carefully consider and investigate all aspects of your matter and determine if there are any flaws in the prosecution’s case. We will advise you of your chances of successfully defending the matter. Our criminal lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.
Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this. Please contact our firm on (02) 9521 2222 to speak with one of our criminal lawyers today. Alternatively email your enquiry to us and we will contact you shortly.