Murder- section 18 of Crimes Act 1900

Murder, is made out where your act/ omission causes the death of the deceased.

The prosecution must prove beyond reasonable that that you committed the act with:

  • An intent to inflict grievous bodily harm, or
  • An intent to kill, or
  • Reckless indifference to human life, or
  • Either committed by you or with an accomplice in an attempt to commit, or during or immediately after the commission of, an offence punishable by at least 25 years imprisonment, that is, constructive (felony) murder

The definition of ‘Reckless indifference to human life is’ as follows:

“doing the of an act with the foresight of the probability of death arising from that act”.

Your Options in Court

Pleading Not Guilty

Defences to this charge

  • Self defence
  • Duress
  • Necessity
  • Automatism
  • Mental Illness
  • Provocation (if this defence is raised and successful, the charge will likely be downgraded to manslaughter)

Maximum Penalty

The maximum penalty is life imprisonment.

If you have been charged with murder or manslaughter, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with one of our experienced lawyers who will review the allegations and advise you of your options and the best way forward.