Murder is the most serious criminal offence and carries with it the maximum penalty of life imprisonment in NSW.
Due to the very serious nature of the offence, an indictment for murder will be heard in the Supreme Court.
In order to prove a murder charge, the prosecution will have to prove beyond a reasonable doubt that:
- It was the deliberate act of the accused that caused the death of the deceased;
- That the act of causing death was done with an intention to kill the deceased or to inflict grievous bodily harm upon the deceased; or was done with reckless indifference to human life and;
- The act causing the death of the deceased was not carried out in self-defence.
What Defences are available?
There are several defences that a murder lawyer may employ in order to defend their client. Some of these defences may be a “complete” defence. A complete defence, if proven, will result in an acquittal of the charge entirely. Examples of a complete defence include:
- Mental Illness.
Furthermore, you may have a “partial” defence available with regards to a charge of murder. A Partial defence reduces the charge of murder to manslaughter. Examples of partial defences include:
- Provocation and;
- Substantial Impairment by “abnormality of mind”.
What are the Penalties?
The maximum penalties for Murder and Manslaughter are:
- Murder : life imprisonment
- Manslaughter: 25 years imprisonment
To obtain the best result you need the assistance of an experienced Criminal Lawyer who can provide you with honest and realistic advice together with careful preparation of your case.
Please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.