Murder and Manslaughter
Our criminal lawyers have extensive experience with serious and complex crimes. Contact us today for strategic legal advice for all Murder and Manslaughter charges.
Murder and manslaughter are among the most serious criminal charges in Queensland, carrying severe penalties, including life imprisonment. These charges can arise from a wide range of circumstances, often involving complex evidence and legal arguments.
Our team of experienced criminal lawyers will forensically examine the evidence and develop strategies to achieve your best outcome. Contact us today to speak to our best criminal lawyers.
What is murder?
Definition
Murder is the unlawful killing of another person with intent to kill or cause grievous bodily harm. It can also include reckless indifference to human life, where the person’s actions demonstrate a disregard for the potential consequences.
What the police must prove
To prove a murder charge in court, the prosecutor must prove each of the following elements beyond a reasonable doubt:
The person is dead.
The accused caused the victim’s death.
The accused intended to cause the victim’s death or, intended to cause grievous bodily harm.
Key evidence in murder cases
Identification evidence -This can include eyewitness accounts, CCTV footage, or circumstantial evidence placing the accused at the scene of the crime.
Forensic evidence - DNA, fingerprints, ballistic analysis, and bloodstain patterns can provide scientific links between the accused and the offence.
Digital evidence - Phone tower data, GPS records, and call logs may be used to establish the accused’s location or movements at the time of the offence.
Penalties for murder
In Queensland, murder carries a mandatory sentence of life imprisonment. This means that anyone convicted of murder will receive a life sentence, with a non-parole period of at least 20 years in most cases, or longer for particularly severe circumstances.
What is manslaughter?
Manslaughter involves the unlawful killing of another person without the intent to kill. It typically arises in situations involving negligence, excessive use of force, or unintended consequences from an unlawful act.
While the penalty for manslaughter is also life imprisonment, it is not mandatory. This means that the actual term of imprisonment will depend on the specific circumstances of the case. As such, sentences can vary widely from a few years, up to life imprisonment.
Defending murder or manslaughter charges
Defending these charges requires a detailed examination of the evidence, including witness statements, forensic reports, and the circumstances surrounding the incident.
Key defences to consider include self-defence, lack of intent, provocation (as a partial defence to murder), or an accidental death. Each case is unique, and early legal advice is essential to identify the best strategy.
What should I do if I have been charged?
If you have been charged with murder or manslaughter, acting quickly is critical, as early decisions can significantly impact the outcome. Follow these key steps:
Speak to an experienced criminal lawyer
Obtain expert legal advice as soon as possible to understand your rights and options.Stay silent
Avoid answering any police questions or making statements until you have received legal advice. Anything you say can be used against you.Preserve evidence
Collect any materials that may support your defence, such as messages, receipts, or other documentation. Identify potential witnesses, but do not contact them directly. Instead, provide their details to your lawyer.
