Murder

MURDER IN NSW

The criminal offence of murder is a serious indictable offence with severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF MURDER?

Section 18 of the Crimes Act 1900 (NSW) defines murder 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.

OTHER FORMS OF HOMICIDE

Not every criminal act causing death is murder.

Section 18 of the Crimes Act 1900 (NSW) states that every other punishable homicide other than those which are defined as murder shall be taken to be manslaughter.

WHAT ARE THE PENALTIES FOR A MURDER CONVICTION?

Section 19A of the Crimes Act 1900 (NSW) prescribes a maximum penalty of life imprisonment for a person convicted of the criminal offence of murder. The standard non-parole period is 20 years imprisonment.

Our expert criminal lawyers have secured penalties far below the maximum available to the court for our clients who had plead guilty to murder.

WHAT IF THE MURDER VICTIM WAS A POLICE OFFICER?

Section 19B of the Crimes Act 1900 (NSW) prescribes a mandatory penalty of life imprisonment for a person convicted of murdering a police officer and satisfying the criteria within the section. That means that the penalty of life imprisonment is compulsory and automatic. The relevant criteria for this mandatory sentence for the murder of a police officer is if the murder was committed:

• While the police officer was executing his or her duty, or
• As a consequence of, or in retaliation for, actions undertaken by that or any other police officer in the execution of his or her duty, and if the person convicted of the murder knew or ought reasonably to have known that the person killed was a police officer, and intended to kill the police officer or was engaged in criminal activity that risked serious harm to police officers.

The mandatory penalty of life imprisonment for a conviction of murdering a police officer does not apply:

• If the person was under the age of 18 years at the time the murder was committed, or
• If the person had a significant cognitive impairment at that time (not being a temporary self-induced impairment).

WHAT DOES THE PROSECUTION NEED TO PROVE FOR A MURDER CONVICTION?

If an accused pleads not guilty to the murder offence, the prosecution will need to prove beyond reasonable doubt that the accused is guilty of the murder offence. In order to do so, they would need to prove beyond a reasonable doubt:

• That the accused did an act or omission;
• That the act or omission resulted in the death of another person; and
• That the accused either intended to kill the person, intended to cause the person grievous bodily harm, or acted with reckless indifference to human life.

Our award-winning expert lawyers at Criminal Lawyers Group are nationally recognised for their record of obtaining not guilty verdicts for clients charged with murder offences.

WHAT ARE THE DEFENCES AGAINST GUILT FOR A MURDER OFFENCE?

Non-Malicious, Lawful Cause or Excuse: Section 18 of the Crimes Act 1900 (NSW) states that no act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be constituted as murder within that section of the Act.

Misfortune: Section 18 of the Crimes Act 1900 (NSW) states that no punishment or forfeiture shall be incurred by any person who kills another by misfortune only.

Self Defence: Self-Defence is a defence against a conviction of murder provided that the conduct of self-defence was carried out to defend the accused or another person or to prevent or terminate the unlawful deprivation of the accused’s liberty or the liberty of another person. The conduct constituting self-defence must be a reasonable response in the circumstances as the accused perceived them.

Extreme Provocation: Section 23 of the Crimes Act 1900 (NSW) provides for a partial defence of extreme provocation and provides that if it appears that the act causing death was in response to extreme provocation and, but for this section and the provocation, the jury would have found the accused guilty of murder, the jury is to acquit the accused of murder and find the accused guilty of manslaughter.

WHAT IS THE PARTIAL DEFENCE OF EXTREME PROVOCATION?

Section 23 of the Crimes Act 1900 (NSW) defines an act of extreme provocation as being committed if and only:

• The act of the accused that causes death was in response to conduct of the deceased towards or affecting the accused, and
• The conduct of the deceased was a serious indictable offence, and
• The conduct of the deceased caused the accused to lose self-control, and
• The conduct of the deceased could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm on the deceased.

Conduct of the deceased does not constitute extreme provocation if the conduct was only a non-violent sexual advance to the accused, or the accused incited the conduct in order to provide an excuse to use violence against the deceased.

Conduct constituting extreme provocation does not need to occur immediately before the act causing death and if, on the trial of a person for murder, there is any evidence that the act causing death was in response to extreme provocation, the onus is on the prosecution to prove beyond reasonable doubt that the act causing death was not in response to extreme provocation.

If the partial defence of extreme provocation is successful and the accused is subsequently convicted of the alternative charge of manslaughter, the maximum penalty is 25 years imprisonment.

WHAT FACTORS WILL AFFECT PUNISHMENT FOR A MURDER CONVICTION?

A number of factors may affect the level of punishment for a conviction of murder, including but not limited to:

• The degree of premeditation, if any
• The degree of provocation, if any
• The extent of any violence before, during and after the murder
• Guilty plea: If a guilty plea is entered at the earliest opportunity, the accused may be entitled to a 25% reduction in the sentence that they would have otherwise received.

WHAT ARE SOME EXAMPLES OF MURDER?

The following acts may constitute the criminal offence of murder:

• Shooting someone in close range
• Purposefully not feeding a newborn and starving them to death
• Fatally attacking someone with a cricket bat as the offender desired to inflict grievous bodily harm upon them
• Pushing someone in front of a train

WHAT COURT ARE MURDER OFFENCES HEARD IN?

A murder offence is a serious indictable offence which is heard in the NSW Supreme Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including murder matters heard in the NSW Supreme Court.

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This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert murder lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.