What is the difference between murder and manslaughter?
In Queensland, both offences are forms of unlawful homicide. The difference is intent. Murder requires proof that the accused intended to kill or cause grievous bodily harm. Manslaughter is an unlawful killing without that intent.
What is murder in Queensland?
Under section 302 of the Criminal Code 1899 (Qld), murder is an unlawful killing where any of the listed circumstances apply - most commonly where the offender intends to cause death or grievous bodily harm (s 302(1)(a)). Other limbs include reckless indifference to human life and killings during certain serious offences.
Key elements the prosecution must prove for murder
All four must be proved beyond reasonable doubt:
the person is dead
the defendant caused the death
the killing was unlawful (no legal authorisation, justification, or excuse)
at the time of the act or omission, the defendant intended to kill or cause grievous bodily harm
How intent is proved
Intent means what the person meant to do. Knowledge of a risk is not enough; the trier of fact must be satisfied the accused meant to produce the result. Intent is usually inferred from circumstances and conduct before, during and after the act.
What is the penalty for murder in Queensland?
Murder carries mandatory life imprisonment. The court cannot mitigate or vary that under the Code or any other law. Parole eligibility is generally after long, fixed minimum periods set by statute (often 20 years, higher in certain circumstances, for example multiple murders or the murder of a police officer).
‘No body, no parole’
If a person convicted of a homicide offence does not satisfactorily cooperate to identify the location of the victim’s remains, the Parole Board must refuse parole.
What is manslaughter in Queensland
Manslaughter is the unlawful killing of another person in circumstances not constituting murder. The prosecution must still prove death, causation and unlawfulness, but does not have to prove intent to kill or cause grievous bodily harm.
Is manslaughter always charged separately?
Manslaughter is an alternative to murder on the indictment. A jury only considers manslaughter after returning a verdict of not guilty to murder. The standard practice is to leave manslaughter as an alternative in murder trials.
What is the penalty for manslaughter?
Manslaughter carries a maximum of life imprisonment, but sentencing is discretionary and depends on the facts, including the level of recklessness or negligence and personal mitigation.
How do courts decide whether the accused ‘caused’ the death?
Causation asks whether the accused’s act or omission was a substantial or significant cause of the death, even if other factors contributed. Jurors assess this with common sense to attribute legal responsibility.
Where the death might have been caused by one or more acts over time, the High Court in Lane v The Queen requires careful jury directions about unanimity on the acts that caused death. Queensland appellate authority has affirmed the approach to unanimity where multiple potentially fatal acts are in play.
What makes a killing ‘unlawful’?
All killings are unlawful unless authorised, justified, or excused by law. Defences can include accident, self-defence and other Code defences. If evidence raises a defence, the prosecution must exclude it beyond reasonable doubt for unlawfulness to be proved.
Can a murder charge be reduced to manslaughter?
Yes. Even if the first three elements (death, causation, unlawfulness) are proved, the charge will be manslaughter if intent is not proved beyond reasonable doubt. In addition, provocation or diminished responsibility (where available on the evidence) can reduce what would otherwise be murder to manslaughter.
What happens if I am charged with murder or manslaughter in Queensland?
All charges including homicide start in the Magistrates Court and is then committed to the Supreme Court for trial or sentence. At the first appearance, the key issues include bail, disclosure, and future listings. Immediate legal advice is essential before any police interview.
Should I speak to police before getting advice?
No. Do not take part in a recorded interview or provide a statement until you have spoken with a lawyer. What you say can make a difference to winning or losing a case.
What evidence is used in homicide cases?
Forensic and medical evidence
Forensic and medical findings often determine the outcome of a homicide case. Pathology can show how and when the person died, what injuries were inflicted, and whether they match the alleged events. Toxicology and wound analysis may also indicate the level of force used or whether the death could have resulted from another cause. These details often become central to proving or disproving intent, accident, or self-defence.
CCTV, phone, and digital evidence
Digital material now plays a major role in homicide investigations. CCTV, mobile data, GPS tracking, and search histories can reveal a person’s movements and communications before and after the incident. Text messages, calls, and online activity can be used to suggest motive or state of mind. A strong defence involves checking how this data was obtained and whether it tells the full story.
Eye-witness accounts
Witness evidence can be powerful but also flawed. People under stress can give inconsistent or influenced accounts, especially when they have spoken to others before police interviews. Differences between early statements, recordings, and later testimony can raise doubt about accuracy. Careful cross-examination often exposes where memory or perception may be mistaken.
Your state of mind
Intent is rarely proved directly. Courts look at what was said and done before, during, and after the event. Words, actions, and even silence can help show whether a person meant to cause death or serious harm, or whether they acted in panic or without thought. The difference often determines whether the charge is murder or manslaughter.
FAQs
What is the difference between murder and manslaughter
Intent. If the prosecution proves you meant to kill or cause grievous bodily harm, the offence is murder. Without that intent, an unlawful killing is manslaughter.
Is life imprisonment really ‘for life’
Life imprisonment means the person can be kept in custody for life. However, the law sets a minimum period before the Parole Board can even consider release. For murder, that eligibility period is usually 20 years, and can extend to 30 years or more in certain cases such as multiple murders or the killing of a police officer. Parole is never automatic; it is only granted if the Board is satisfied that release would not endanger the community.
Can parole be refused if the body is not found
Yes. Under the “no body, no parole” scheme, the Board must refuse parole unless satisfied there has been satisfactory cooperation to locate the victim’s remains.
What should I do if I am being investigated or charged with murder or manslaughter in Qld?
If you are under investigation or have been charged with murder or manslaughter in Queensland:
do not contact witnesses or the complainant
do not speak to police without a lawyer present
preserve messages, emails, location data, and any CCTV
get immediate advice on bail and defence strategy
Choosing the best lawyer for murder charges in Brisbane
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Last updated October 2025.