Murder and Manslaughter

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of murder, if heard in the Supreme Court, is likely to be imprisonment for a period of 20 years.

For first time offenders the likely penalty is imprisonment for a period of 18 years.

Which court will hear your Murder charge in NSW

This matter is strictly indictable which means that it can only be finalised in the Supreme Court.

What the police must prove

To convict you of a murder charge, the police must prove each of the following matters beyond a reasonable doubt:

• A murder.
• Intent to kill (malice aforethought).

They will also need to prove that you were the person who committed the murder offence.

Possible defences for Murder

Possible defences for murder include but are not limited to:

• Duress
• Necessity
• Self Defence

Manslaughter

The maximum penalty for the charge of manslaughter (Section 18, 24 of the Crimes Act) is 25 years imprisonment.

In NSW, a court can impose any of the following penalties for a manslaughter charge.

• Section 10: Indecent Assault proven but dismissed
• Fine
• Good behaviour bond
• Community service order (CSO)
• Suspended sentence
• Intensive correction order (previously periodic detention)
• Periodic detention
• Prison sentence

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of manslaughter, if heard in the Supreme Court, is likely to be imprisonment for a period of 7 years.

For first time offenders the likely penalty is imprisonment for a period of 6 years.

Which court will hear your Manslaughter charge in NSW

This matter is strictly indictable which means that it can only be finalised in the Supreme Court.

What the police must prove

To convict you of a manslaughter charge, the police must prove each of the following matters beyond a reasonable doubt:

• A homicide without the intent to kill, or a homicide without reckless indifference to human life.

They will also need to prove that you were the person who committed the manslaughter offence.

Possible defences for Manslaughter

Possible defences to a manslaughter charge include but are not limited to:

• Duress
• Necessity
• Self Defence