Murder

Murder is often considered to be the most serious criminal offence, falling under the wider umbrella of homicide offences. A charge of murder contrary to section 18 of the Crimes Act 1900 will be laid where the act of the accused, 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, of a crime punishable by imprisonment for life or for 25 years.

In order to make out all the elements required, the prosecution must prove beyond reasonable doubt that; you did act or failed to do an act, that the act, or failure, resulted in the death of another person; and that you either intended to kill that person, or cause them serious bodily injury; or acted with reckless indifference to human life.

The relevant element that distinguish between murder and manslaughter is the intent to either kill or seriously injure a person, or behave with reckless indifference in regards to their safety. There are a number of possible defences to a charge of murder, some of which mat work to reduce the sentence to one of manslaughter, and some which may prevent a conviction all together. Where the element of intent cannot be made out, a charge of murder may be reduced to manslaughter. A complete defence under necessity, duress, self-defence or automatism may be possible, however these are difficult defences to make out entirely.   

Manslaughter

An act or a failure to act that results in the death of another person is considered to be a ‘homicide’. A person can be charged with manslaughter if they did something that resulted in the death of another person, but where the offence falls short of murder because they didn’t intend to kill or seriously injure the victim, or where they have acted with reckless indifference to the victim’s life.   

Any act of homicide that does not meet the requirements of murder can be treated as manslaughter. Manslaughter, although less serious than a murder charge, is considered one of the most serious criminal offences. Common examples of acts of manslaughter include punching someone who falls and hits their head causing them to die, shooting a bushwalker accidentally on a hunting trip, or failing to secure an unsafe work environment leading to somebody dying.

Assault Causing Death

The charge of ‘assault causing death’ is one of the few criminal offences in NSW that carries a minimum penalty, meaning that a guilty verdict can result in a term of imprisonment of 20 years, or 25 years where the person is intoxicated. This law is commonly referred to as one of the ‘one punch laws’ and it is considered a ‘reactive’ law in the sense that it was hastily drafted in response to political pressure.

The result is a charge that carries a penalty more significant than manslaughter, which on average will result in a non-parole period of 3 to 6 years, and a full-term sentence of eight years. In contrast to the charge of ‘assault causing death’, the minimum non-parole period when the person is intoxicated is set at eight years, with a maximum sentence of 25 years.

‘Assault causing death’ will be made out in situations where there is an ‘assault’, by ‘intentionally hitting’ with any part of the person’s body or an object held, and the assault is not being authorised or excused by law, causing the death of another person. It is important to seek legal advice if you are charged with this offence, as it is a particularly difficult and comparatively recent area of law that can result in very serious penalties.