Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Cases involving murder and manslaughter are complex and carry the most severe legal penalties. Morrisons criminal lawyers are experts in handling these high-stakes cases, providing our clients with specialised defence strategies and the confidence to navigate the legal process.
In NSW, murder and manslaughter are among the most serious criminal offences under the Crimes Act 1900, carrying severe penalties. One of the key difference between these charges is in the intent, such as whether the accused deliberately intended to kill or acted with reckless disregard for human life.
Murder is defined as the unlawful killing of another persont. To secure a conviction, the prosecution must prove that the accused either intended to kill, intended to cause grievous bodily harm (GBH), or acted with reckless indifference to human life. A person may also be charged with constructive murder, which applies when a death occurs during or immediately after the commission of a serious crime punishable by at least 25 years imprisonment.
The maximum penalty for murder in NSW is life imprisonment, with a standard non-parole period of between 20 – 25 years.
Manslaughter also involves the unlawful killing of another person but differs from murder in that the accused did not have the same level of intent. It is divided into two main categories: voluntary manslaughter and involuntary manslaughter.
Voluntary manslaughter occurs when the elements of murder are present, but the accused’s liability is reduced due to certain legal defences. This may include excessive self-defence, provocation, or substantial impairment due to mental health conditions.
Involuntary manslaughter applies when a person’s actions, though unlawful or negligent, were not intended to cause death. It can occur through an unlawful and dangerous act—such as engaging in a violent altercation that results in a fatal injury—or through criminal negligence, where a person’s reckless disregard for human life leads to a death. A common example includes extreme negligence in medical treatment or failing to obtain proper care for a person to whom you owe a duty of care.
The maximum penalty for manslaughter is 25 years imprisonment.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
| Aspect | Murder | Manslaughter |
| Intent | Intent to kill or cause grievous bodily harm | No intent to kill but reckless or negligent actions caused death |
| Examples | Premeditated killing, reckless shooting, violent assault causing death | Fatal emotional outburst, medical negligence, dangerous driving death |
| Maximum Penalty | Life imprisonment | 25 years imprisonment |
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Defending against murder a charge is highly complex and requires expert legal representation. Some defences may lead to a full acquittal, while partial defences may reduce a murder charge to manslaughter.
| Defence | Application to Murder | Full or Partial Defence? |
| Self-Defence | If the accused acted to protect themselves, another person, or property, and their response was proportionate, the charge may be dismissed. | Complete Defence |
| Extreme Provocation | If the accused was provoked in a way that would cause a reasonable person to lose control, the charge may be reduced to manslaughter. | Partial Defence |
| Mental Illness (Insanity Defence) | There are a number of different ways mental illness can affect the charge of murder, including providing a defence in certain circumstances. | Complete Defence |
| Automatism (Involuntary Actions) | If the accused’s actions were not voluntary (e.g. sleepwalking or an involuntary medical episode), they may not be held criminally responsible. This does not include self-induced intoxication.. | Complete Defence |
| Lack of Causation | The prosecution must prove that the accused’s actions directly caused the death. If another factor was the primary cause, the charge may be dismissed. | Complete Defence |
| Unforeseeability | If the accused could not have reasonably foreseen that their actions would cause death, this may serve as a defence. | Complete Defence |
| Intervening Events | If an independent event (such as medical malpractice or another person’s actions) was the sole cause of death, the accused may not be held responsible. | Complete Defence |
| Duress | If the accused committed the act under threats of death or serious harm, and a reasonable person in their position would have acted similarly, this may be a defence. | Complete Defence |
Since the process of defending a murder charge requires expert legal knowledge and experience, hiring a skilled lawyer is crucial. The team at Morrisons have extensive experience dealing with serious charges such as murder and manslaughter. We are adept in negotiating with the prosecution to secure the best possible outcome for you.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
The legal process for murder and manslaughter charges in NSW involves:
| Arrest | Once arrested, you will be taken to a Police station. |
| Charged | You will be formally charged with the offence. The Police will create a Court Attendance Notice and Facts Sheet. |
| Bail | The Police will make a determination as to whether to release you on bail. If you are not granted bail by the police, you will then go before a Court where an application for bail can be made. |
| Committal process (Local Court) | The case will then move through a committal process through the Local Court. This involves three stages – service of the brief of evidence, charge certification and case conferencing. |
| Committal to the District or Supreme Court | After the committal process in the Local Court, the charge will be committed to the District Court or Supreme Court. Murder can only be dealt with in the Supreme Court. |
| Trial or Sentence | If you are pleading not guilty – your case will be committed to the higher court for trial.
If you are pleading guilty – your case will be committed to the higher court for sentence. |
| Right of Appeal | After the case is finalised, you have the right to lodge a notice of intention to appeal (NIA) to the NSW Supreme Court – Court of Criminal Appeal. This can be against the finding of guilt, the sentence, or both. |
Since the process of defending a murder or manslaughter charge requires expert legal knowledge and experience, hiring a skilled lawyer is crucial. The team at Morrisons have extensive experience dealing with serious charges such as murder and manslaughter.
Contact us now for a free initial consultation to discuss your next steps.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
In NSW, murder is one of the most serious criminal offences under the Crimes Act 1900, carrying a maximum penalty of life imprisonment.
The maximum penalty for manslaughter in NSW is 25 years imprisonment, though actual sentences vary depending on the circumstances of the case.
Murder occurs when a person intentionally kills another or acts with reckless indifference to human life. Examples include shooting someone, deliberately running them over with a vehicle, or a violent assault resulting in death.
Yes, there is no statute of limitations on murder or manslaughter in NSW, meaning a person can be charged at any time, even decades after the crime occurred.
The key difference is intent—murder requires an intent to kill or cause serious harm, or acting with reckless indifference to human life, while manslaughter applies when a person’s reckless or negligent actions result in death without intent.
In NSW, murder carries a maximum penalty of life imprisonment, but not all murder convictions result in a life sentence. The court considers factors such as premeditation, motive and aggravating circumstances when determining the appropriate sentence.