Have you been charged with Murder?
This is considered the most serious offence of all and carries with it the lengthiest custodial sentence available to the Courts. If you are facing a Murder charge it is essential that you engage the services of a specialist criminal lawyer.
As the offence of Murder can be made out with different levels of culpability – reckless or intentional killing – there are many issues to be considered before entering a plea.
Did you voluntarily commit acts which caused the victim’s death? Did you intend to cause very serious injury or death by your actions? Did you have any justification for your actions, such as self-defence?
Due to the seriousness of the offence, any guilty plea will still result in a significant custodial sentence. Please read below for more information in relation to this charge. Please follow this link for more information on running murder trials.
The offence
Section 3 of the Crimes Act 1958 and the Common Law.
The prosecution must prove:
The defendant committed acts which caused the victim’s death;
The defendant committed those acts voluntarily;
The defendant committed those acts while:
Intending to kill someone or cause them really serious injury; or
[if reckless murder has been left to the jury] knowing that it was probable that death or really serious injury would result; and
The defendant did not have a lawful justification or excuse for those acts (such as self-defence, provocation, duress or sudden or extraordinary emergency).
The maximum penalty
Level 1 imprisonment being a maximum of life imprisonment.
Where will my case be heard?
Murder cases can only be heard in the Supreme Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer urgently. Murder cases are often complex, and thorough preparation is critical. Don’t delay.
If you have been charged with Murder make an appointment to see one of our experienced lawyers today.
The legislation
Section 3 of the Crimes Act: Punishment for murder
Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to—
(a) level 1 imprisonment (life); or
(b) imprisonment for such other term as is fixed by the court—
as the court determines.
