Murder / Manslaughter

Murder is defined under s18 of the Crimes Act 1900 (NSW) to mean when the accused has, by act or omission, caused death with reckless indifference to human life or with the intent to kill or cause grievous bodily harm or with the intent to commit a crime punishable by imprisonment for life or for 25 years. Manslaughter on the other hand, is defined as “every other punishable homicide”.

There are a number of other offences which fall within the crime of Murder. These include:

  • Conspiracy to murder
  • Attempts to murder

Conspiracy to Murder

As addressed in section 26 of the Crimes Act 1900, “whosoever conspired and agrees to murder any person, whether a subject of Her Majesty or not, and whether within the Queen’s dominions or not, or solicits, encourages, persuades, or endeavours to persuade, or proposes to, any person to commit any such murder”, is accountable for the conspiracy to commit murder.

Attempts to Murder

Outlined in s27-28 of the Crimes Act 1900, attempts to murder include acts done to the:

  • Person with intent to murder; and to the
  • Property with intent to murder.

They also include acts which involve the administering of a poison or the discharging of a weapon (s29), or any other means by which attempts murder (s30).

Penalties

Offence

Penalty

Conspiracy to Murder Maximum imprisonment term of 25 years

 

Attempt to murder Maximum imprisonment term of 25 years

 

Murder Maximum imprisonment term of life

 

Manslaughter Maximum imprisonment term of 25 years

 

The complexity of these offences requires the extensive knowledge and meticulous attention to detail which our lawyers provide. Our team has specialised knowledge in Murder and Manslaughter offences having assisted many clients successfully defend charges or obtain lesser penalties once sentenced.

If you have been charged with these offences, our experts can help. Contact us to schedule an appointment with one of our lawyers in our office.

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