What is the difference between murder and manslaughter?

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There is a fundamental distinction between murder and manslaughter, both of which are serious criminal offences. In Queensland, these charges carry significantly different consequences. Understanding the elements that constitute each offence and the corresponding penalties is crucial to comprehend the gravity of these crimes and the justice system's approach to dealing with them.

Murder

What is Murder?

Murder is the most severe form of unlawful homicide. It occurs when one person intentionally and unlawfully causes the death of another with the intention to kill or inflict grievous bodily harm. For an act to be considered murder in Queensland, the following elements must be proven beyond a reasonable doubt:

  1. The person is dead

  2. The defendant caused the person’s death

  3. The defendant did so unlawfully. That is, any defences are excluded beyond a reasonable doubt

  4. At the time of the act or omission which caused the death, the defendant intended to kill or do grievous bodily harm

Penalties for Murder in Queensland

A person convicted of murder is liable to life imprisonment. This period cannot be reduced by the Court. Life imprisonment is generally 20 years before a person becomes eligible for parole.

The minimum term of 20 years can increase in certain circumstances such as if the victim is a police officer performing their duty at the time of being killed, or the person is convicted for more than one murder.

Since 2017, the Qld parliament introduced a new ‘no body, no parole’ law, which means if a person is convicted of a homicid offence, they will not be granted parole if the victim’s body or remains have not been located, unless the Parole Board is satisfied that the defendant has cooperated satisfactorily to identify the victim’s location.  

Manslaughter

What is manslaughter?

Manslaughter is when one person unlawfully causes the death of another, but without the specific intent to kill or cause grievous bodily harm. Instead, manslaughter often involves reckless or negligent behavior leading to an unintended death.

What is the penalty for manslaughter in Qld?

Manslaughter carries a maximum penalty of life imprisonment but unlike murder, the penalty is not mandatory and can be reduced by the court to reflect the facts of the case.

Overall, to distinguish between murder and manslaughter in court, the prosecution must demonstrate the presence or absence of specific intent. If there is clear evidence of an intention to kill or cause grievous bodily harm, the charge is likely to be murder. However, if the defendant's actions were reckless or negligent, manslaughter is the more likely charge.