Murder and Manslaughter Offences
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- Liaise with Victoria’s leading forensic experts
- Inform clients of possible defences
- Provide representation in court proceedings
As a criminal advocate, practicing for over 25 years, Martin Amad understands the serious nature, pressure and detrimental impact murder charges place on clients and their relationships.
Amad & Amad Lawyers can provide you with the best possible defence options for this complex area of law. Possible defences may include mental impairment, duress, necessity, self defence and lack of intent.
If you are facing one of these charges, please contact Amad & Amad Lawyers immediately on (03) 9347 1466 or book an appointment using our online form at our Carlton office in Melbourne.top
Murder and manslaughter are common law offences therefore, these charges do not come under any particular legislation.
The law is created through case law rather than legislation by parliament. In order for the Prosecution to establish guilt, the Prosecution bears the onus to prove that:
(a) The accused caused the death of another person by an intended act or omission.
(b) There was malice aforethought that preceded or co-existed with this act or omission.
(c) Malice aforethought may be satisfied by an intention to cause the death of, or grievous bodily harm to, any person whether such person is killed or not. Or, it may be satisfied by knowledge that the act which caused death would probably cause the death of or grievous bodily harm to, some person, whether such person is actually killed or not. Lastly, it may be satisfied by an intent to commit any crime the necessary elements of which include violence and which may on first conviction be punished by life imprisonment or imprisonment for a term of 120 months or more, where the death is intentionally caused by an act of violence done in the course or furtherance of such a crime.
Maximum Penalties in Victoria
Murder may result in a maximum penalty of life imprisonment.
Manslaughter may result in a maximum of 20 years imprisonment.
Crimes Act 1958 - SECT 6
(1) If a woman carries out conduct that causes the death of her child in circumstances that would constitute murder and, at the time of carrying out the conduct, the balance of her mind was disturbed because of-
(a) her not having fully recovered from the effect of giving birth to that child within the preceding 2 years; or
(b) a disorder consequent on her giving birth to that child within the preceding 2 years-
she is guilty of infanticide, and not of murder, and liable to level 6 imprisonment (5 years maximum).
(2) On an indictment or presentment for murder, a woman found not guilty of murder may be found guilty of infanticide.
Note See sections 10(3) and 421 for other alternative verdicts.
(3) Nothing in this Act affects the power of the jury on a charge of murder of a child to return a verdict of not guilty because of mental impairment.
Maximum Penalty in Victoria
Imprisonment for 5 years.
If you need legal help with any of the above legal matters from a qualified lawyer in Melbourne or in the State of Victoria then Amad Lawyers can help you.