Murder and Manslaughter

Are You Facing Murder or Manslaughter Charges?

Being charged with murder or manslaughter is an extremely serious matter that can have long-lasting impacts on your life, freedom, and reputation. Both charges carry heavy penalties, and the courts take a strict stance against these offences.

If you’ve been charged with murder or manslaughter, it’s essential to act quickly. With the right legal defence, you can ensure your rights are upheld and work towards achieving the best possible outcome for your case. Faraj Defence Lawyers are here to guide you through this challenging time.

How Can Faraj Defence Lawyers Help?

Choosing the right legal representation is critical when facing murder or manslaughter charges. At Faraj Defence Lawyers, we are committed to providing:

What Is the Difference Between Murder and Manslaughter?

Murder and manslaughter are both serious charges that involve the unlawful killing of another person, but they differ significantly in intent and culpability.

What the Prosecution Needs to Prove 

For Murder

To secure a conviction for murder, the prosecution must prove beyond reasonable doubt that:

• The accused voluntarily acted in a way that caused another person’s death.

• At least one of the following applied at the time of the act:

  • Intent to kill

  • Intent to cause grievous bodily harm

  • Reckless indifference to human life

  • Committing another serious crime (constructive murder)

For Manslaughter

There are two main categories of manslaughter, and the prosecution must prove specific elements depending on the type:

• Unlawful and Dangerous Act Manslaughter

  • The accused’s actions were unlawful, dangerous, and caused the death of another person.

  • A reasonable person in the accused’s position would have recognised the act posed a risk of serious injury.

• Criminal Negligence Manslaughter

  • The accused failed to meet a legal duty of care, creating a high risk of death or serious harm.

  • Examples include relationships such as parent-child or doctor-patient.

In both cases, the prosecution does not need to prove the accused intended to cause death or grievous bodily harm.

Penalties for Murder and Manslaughter in NSW

Murder and manslaughter carry severe penalties under NSW law.

Murder Sentencing Guidelines

For murder charges, the court may impose life imprisonment only if the offence’s level of culpability is considered so extreme that it justifies the community’s interest in punishment, retribution, and deterrence. Factors influencing culpability include:

1. Whether the offence involved premeditation or planning

2. The level of violence used

3. The harm caused to the victim or others
4. The offender’s future dangerousness

1. Whether the offence involved premeditation or planning

2. The level of violence used

3. The harm caused to the victim or others
4. The offender’s future dangerousness

Special Considerations for Young Offenders

For individuals under the age of 18 at the time of the offence, life imprisonment cannot be imposed.

Common Defences for Murder and Manslaughter Charges

When facing murder or manslaughter charges, several defences may apply depending on the case's circumstances.

• Self-Defence: The accused acted to protect themselves or others from harm.

• No Substantial Causation: The accused’s actions were not the primary cause of death.

• Lack of Intention: No intent to kill or cause serious harm was present.

• Lack of Recklessness: The accused did not foresee the probable risk of death.

• Intervening Event: Another event caused the victim’s death.

• Mental Illness: The accused was suffering from a mental illness that impaired their actions.

What Happens After You’re Charged with Murder or Manslaughter?

Being charged with murder or manslaughter involves a complex legal process:

1. Arrest and Bail Application: After an arrest, obtaining bail for these charges can be difficult.

2. First Court Appearance: The matter will usually proceed to a committal hearing to determine if there’s enough evidence for trial.

3. Trial Preparation: Your lawyer will gather evidence, engage expert witnesses, and prepare your defence strategy.
4. Trial: The case will proceed to the District or Supreme Court for trial.

Your Defence Starts Here – Contact Faraj Defence Lawyers

Murder and manslaughter charges demand the highest level of legal expertise. At Faraj Defence Lawyers, we provide strategic defence and dedicated support to ensure the best outcome for your case.

Call us today at (02) 8896 6034 for a free initial consultation and take the first step in protecting your future.

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