In New South Wales, charges of murder are extremely serious, and if you’re found guilty, the punishment could be life imprisonment. However, it’s important to understand the differences between murder and manslaughter in order to avoid being convicted of the former in error. These are some of the main differences between murder and manslaughter in New South Wales.
What does the law say about Murder?
In NSW, it is a crime to kill another person. That is the legal definition of what constitutes murder. Murder involves the killing of another person where the accused intended to kill or seriously injure the victim. If someone is killed with an intention to cause grievous bodily harm or an intention to take part in a robbery where death was likely, then that person can be charged with a murder offence.
Generally, for something to be considered murder, there must be planning involved before the act took place and there must have been intention behind it.
Defences for murder
The defence for murder is generally under three separate headings, provocation, intent to kill or an unlawful act. There are a number of possible defences for the charge of murder. Some of these defences relate to what someone intends, others relate to the means by which they killed their victim.
Defences for Manslaughter
The three defences for a charge of murder are self-defence, diminished responsibility, and accident. A defence lawyer will always determine if you have any of these available to you. If not, then you can be charged with a lesser offence like manslaughter where it only has to involve the intent to cause grievous bodily harm or actus reus (actus reus is where the person actually causes grievous bodily harm or death). Differential punishment such as jail time for murder may also apply where there is evidence of mental instability on the accused's behalf.
What sentences apply to these offences?
If you are found guilty of a charge of murder, you will face severe penalties. In addition to jail time, there is also the possibility of a sentence of life imprisonment. There is also an additional maximum penalty of 25 years imprisonment if the person murdered was serving their term as a police officer at the time they were killed. Murder defence lawyers can provide legal advice for those charged with such offences.
Dealing with Criminal Charges
We see a range of clients who are facing serious criminal offences, with sentences ranging from prison to community service. Depending on the crime that has been committed, some punishments may not be just a slap on the wrist. Some sentences might include jail time for murder or possibly even lifelong imprisonment. If you are looking for legal advice with regards to your impending court date or criminal charge, give us a call!
