Murder

Murder is the most serious of all criminal offences and attracts a maximum penalty of life imprisonment. It is defined in the Crimes Act 1900 as follows:

“Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.”

The maximum penalty is ordinarily reserved for cases where the crime is so extreme that retribution, punishment, community protection and deterrence can only be me through the imposition of life imprisonment. It is incumbent on the prosecution to prove beyond reasonable doubt that an individual deserves life imprisonment. 

There are a number of defences to murder. Self defence is a complete defence, however partial defences include provocation, substantial impairment of the mind and self defence involving excessive force will reduce the charge of murder to one of manslaughter.

Given the nature of a murder charge, it is critically important that you retain the services of an experienced criminal defence lawyer, namely Paul FC McGirr, as murder cases require special attention and analysis of all the available evidence, including DNA, fingerprints and voice recognition. McGirr & Associates will firmly fight for and defend your rights; and we can advise you on each step of the process, from bail applications, committals, defences and plea bargains. Call 0405 508 099 now for advice and next steps.