The Crimes Act 1900 (NSW) governs murder and manslaughter cases in New South Wales.
Murder is the most severe kind of assault and relates to the intentional killing of another individual. Manslaughter is different in that it generally involves the unexpected or unplanned conduct that results in the death of another person.
Being accused of murder or manslaughter can be a nerve-racking experience for you and your family which requires an experienced lawyer to help defend your case.
Murder
Definition
Murder is defined as the intentional and unlawful killing of another individual.
Elements
To convict an individual of murder, the prosecution must prove two elements beyond a reasonable doubt:
- The individual intended to kill or inflict grievous bodily harm upon the person
- The individuals’ actions or omissions caused the other person’s death
Penalties
The maximum penalty for murder is life imprisonment with a standard non-parole period of 20 years.
Defences
The following Defences may reduce the penalty, downgrade the charge to manslaughter absolve an individual of murder:
- Self-defence: You were acting to protect yourself, another person or your property
- Duress: You have been intimidated or threatened to kill another individual
- Necessity: There was an overbearing factor which caused you to kill another individual in order to avoid serious consequences
- Automatism: Where you acted unintentionally or involuntarily because of some other factor at play
- Mental illness: You were suffering from a mental impairment at the time of the killing
Manslaughter
Definition
Manslaughter is the unintentional or accidental killing of another individual.
Elements
To convict an individual of manslaughter, the prosecution must prove that the victim’s death arose from:
- Criminal negligence
- The unlawful and dangerous actions of the accused
- Excessive self-defence
- Lack of action on the part of the accused
Penalties
Manslaughter carries a maximum penalty of 25 years’ imprisonment.
Defences
Defences that may be raised to a charge of manslaughter include:
- Self-defence: You were acting to protect yourself, another person or your property
- Duress: You have been intimidated or threatened to kill another individual
- Necessity: There was an overbearing factor which caused you to kill another individual in order to avoid serious consequences
- Automatism: Where you acted unintentionally or involuntarily because of some other factor at play
- Mental illness: You were suffering from a mental impairment at the time of the killing