Murder is the most serious criminal offence and carries with it the maximum penalty of life imprisonment in NSW.

Anyone that is due to stand Trial for an offence of murder will be before the Supreme Court.

In order to prove a murder charge, the prosecution must establish 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 can result in an acquittal for a client.  These defences include:

  • Self-Defence;
  • Duress;
  • Automatism;
  • Mental Illness.

Furthermore, there are some partial defences to the offence of murder which will see murder reduced to manslaughter.  Examples of partial defenses 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

Criminal Lawyers at Thexton Lawyers are highly experienced at dealing with this offence. Contact Thexton Lawyers for your first consultation.

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