If you are facing an offence of Murder or Manslaughter, you will be charged pursuant to Section 18 Crimes Act 1900 (NSW).

If found guilty under this section for Murder, the maximum penalty is life imprisonment.

If found guilty of Manslaughter, the maximum penalty is 25 years imprisonment.

It is important to remember that maximum penalties set by Parliament are reserved for the most serious of cases and offenders. However, where the victim is a police officer and the offending occurred after 23 June 2011, a Judge is required to impose a mandatory life sentence.

In relation to Murder, the prosecution must prove:

1. A person died;

2. Your act or omission resulted in that death; and

3. At the time, you either:

   1. Had an intention to kill that person;

   2. Had an intention to inflict grievous bodily harm on that person;

   3. Foresaw the probability of death arising, however did it anyways (‘Reckless Indifference to human life’);

   4. Did so during or immediately after committing another offence which carried a maximum punishment of 25 years or more (‘constructive murder’).

In relation to Manslaughter, the prosecution must prove:

1. A person died;

2. Your involuntary act or omission resulted in that death; and

3. At the time, you either:

   1. Acted in excessive self defence;

   2. Acted unlawfully or dangerously;

   3. You owed a duty of care.

A person can be found guilty of manslaughter where the prosecution cannot prove you had the intention to kill or inflict grievous bodily harm. This is also known as an ‘involuntary act’.

Our specialist lawyers will be able to guide you and advise you on the prosecution case once the prosecution brief of evidence has been served. Where evidence is sufficiently lacking, our team could write to the police seeking the withdrawal of the offence against you at an early stage.

Defences

• Mental Illness

• Self Defence

• You did not have the requisite intention

• You conduct was not the substantial cause of death

• Death caused by your actions was not reasonably foreseeable

• Your actions were involuntary due to being drugs or alcohol affected such that you are incapable of forming the requisite intention

Committal process

The charge will commence in the Local Court, however due to the offence being Strictly Indictable, it will ultimately be committed to a higher court for proceed to Trial by Jury (or in some cases, by Judge alone).

Committal process

On a Plea of Guilty, the matter will proceed to a Sentence Hearing in a higher court before a Judge.

The penalty will be one of full time imprisonment.

25% Utilitarian Discount

Ordinarily, where a person pleads guilty at the earliest opportunity – in this case, at the committal – the court allows for a mandatory 25% discount on sentence.

However, if the court is of the view that the culpability is so extreme that the community interest in punishment, community protection, retribution and deterrence is significant, the court can refuse to give a discount.