Have you been charged with Unintentional Killing in the Course of Furtherance of a Crime of Violence?

Although the killing may have been accidental you could still receive the highest possible custodial sentence, due to the element of violence in the commission of the separate offence.

You will need to engage an expert in criminal law to help you prepare your defence. There are many questions to be considered with your lawyer prior to telling a Court how you intend to plead.

Due to the severity of the charge, a guilty plea will still result in a prison sentence of uncertain duration. Please read below for more information in relation to this charge.

The offence

Section 3A of the Crimes Act 1958.

The prosecution must prove the defendant unintentionally caused the death of another person by an act of violence done in the course or furtherance of a crime. Violence is a necessary element of the crime committed.

The maximum penalty

Level 1 imprisonment being a maximum of life imprisonment.

Where will my case be heard?

Unintentional Killing in the Course of Furtherance of a Crime of Violence 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?

Consult a specialist criminal lawyer urgently. Make sure that you don’t leave it until the last minute. Thorough preparation is critical to maximising the chance of a positive outcome in your matter.

If you have been charged with Unintentional Killing in the Course of Furtherance of a Crime of Violence make an appointment to see one of our experienced lawyers today.

The legislation

Section 3A Unintentional killing in the course or furtherance of a crime of violence

(1) A person who unintentionally causes the death of another person by an act of violence done in the course or furtherance of a crime the necessary elements of which include violence for which a person upon first conviction may, under or by virtue of any enactment, be sentenced to level 1 imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally.

(2) The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated.