If you have been charged with murder, police must prove that you:
What does ‘caused the death of a person’ mean?
To cause the death of a person means that your act is the ‘substantial and operating cause’ of their death. This means that if there were any intervening acts which may have contributed to their death, it must be ‘so overwhelming’ so as to render your original act as unsubstantial.
If there is something about the victim that contributes to their death (e.g. suffers from an existing condition), this does not make you less criminally responsible. The law states that victims are taken as they are found.
What does ‘intend to cause grievous bodily harm’ mean?
Grievous bodily harm is defined to include any permanent or serious disfiguring of a person. It means really serious physical injury such as brain injury or bone fractures.
If you intended to cause grievous bodily harm to victim and they die as a result, this can be sufficient when proving intention to commit murder.
What does ‘reckless indifference to human life’ mean?
Being ‘recklessly indifferent to human life’ means that you realised death may possibly be inflicted on the victim by your actions but continued regardless.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you caused the death of the victim.
You may accept that you caused the death of the victim, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as involuntary manslaughter or assault occasioning death.
Alternatively, you may accept that you caused the death of the victim, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is certain that the court will record a conviction. The length of your term of imprisonment depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for murder?
It is certain that you will go to jail. The maximum penalty for murder is life imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to reduce the length of the jail sentence.
What will the court take into account when sentencing?
The court will take into account the nature and extent of the offending, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
What do police have to prove?
If you have been charged with attempt to commit murder, police must prove that you:
What is an ‘attempt to commit murder’?
Attempting to commit murder means that you actively did something with the full intention of causing the death of the victim. This is more than mere preparation. Acts that amount to attempting to commit murder include:
What is wounding?
Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound.
Bruises, scratches or marks which only break the outer layer of skin does not amount to wounding.
What is grievous bodily harm?
Grievous bodily harm is defined to include any permanent or serious disfiguring of a person.
It means really serious physical injury such as brain injury or bone fractures.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
What are the possible defences?
This will depend on a number of factors, including whether your act amounts to an ‘attempt’ to commit murder and whether you intended to kill the victim.
You may accept that you committed the alleged act, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you attempted to kill the victim, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for ‘attempt to commit murder’?
It is very likely that you will go to jail. The maximum penalty for attempt to commit murder is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to reduce the length of the jail sentence.
What will the court take into account when sentencing?
The court will take into account the nature of your negligent act, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
What do police have to prove?
If you have been charged with conspiracy to murder, police must prove that:
What does ‘conspire’ mean?
Conspiracy refers to an agreement between you and at least one other person to commit an offence. In order to prove conspiracy, police must prove that there was an agreement between the relevant parities and that you intended to be part of that agreement.
What does ‘solicit’ mean?
In order to solicit a person to commit the intended murder, there must be some communication between you and that person. The nature of the communication must be to encourage or persuade that person to commit the offence.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you caused the death of the victim.
You may accept that you caused the death of the victim, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you caused the death of the victim, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is certain that the court will record a conviction. The length of your term of imprisonment depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for conspiring to murder?
It is very likely that you will go to jail. The maximum penalty for conspiring to commit murder is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to reduce the length of the jail sentence.
What do police have to prove?
If you have been charged with manslaughter by criminal negligence, police must prove that you:
What does ‘caused the death of a person’ mean?
To cause the death of a person means that your act is the ‘substantial and operating cause’ of their death. This means that if there were any other acts which may have contributed to their death, they must be ‘so overwhelming’ so as to make your original act unsubstantial as a cause.
If there is something about the victim that contributes to their death (e.g. suffers from an existing condition), this does not make you less criminally responsible. The law states that victims are taken as they are found.
What is a “wickedly negligent” act?
A “wickedly negligent” act is one that falls so short of the standard of care you should have exercised that it creates a high risk of death or grievous bodily harm in the circumstances. For example, throwing petrol over a person, lighting a match, leaning forward and ‘accidentally’ dropping the match and lighting the person on fire is a “wickedly negligent” act.
You did not have to intend to cause death or grievous bodily harm.
What are the possible defences?
This will depend on a number of factors, including whether your act was “wickedly negligent” and whether you accept that you caused the death of the victim.
You may accept that you caused the death of the victim, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as assault occasioning death.
Alternatively, you may accept that you caused the death of the victim by committing a “wickedly negligent” act, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for manslaughter by criminal negligence?
It is very likely that you will go to jail. The maximum penalty for manslaughter by criminal negligence is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to reduce the length of the jail sentence.
What will the court take into account when sentencing?
The court will take into account the nature of your negligent act, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
If you have been charged with manslaughter by unlawful and dangerous act, police must prove that you:
What is an ‘unlawful and dangerous act’?
An ‘unlawful and dangerous act’ is any crime (e.g. assault) which exposes the victim to an ‘appreciable risk of serious injury’. This means that the criminal act must have been so dangerous that the victim felt exposed to a real or significant risk of injury which is less than serious but more than trivial or negligible.
This depends on the nature of your conduct, the vulnerability of the victim and the surrounding circumstances.
What does ‘caused the death of a person’ mean?
To cause the death of a person means that your act is the ‘substantial and operating cause’ of their death. This means that if there were any other acts which may have contributed to their death, they must be ‘so overwhelming’ so as to make your original act unsubstantial as a cause.
If there is something about the victim that contributes to their death (e.g. suffers from an existing condition), this does not make you less criminally responsible. The law states that victims are taken as they are found.
What are the possible defences?
Should I plead guilty or not guilty?
This will depend on a number of factors, including whether you committed an unlawful and dangerous act and whether you accept that you caused the death of the victim.
You may accept that you caused the death of the victim, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as assault occasioning death.
Alternatively, you may accept that you caused the death of the victim by committing a dangerous and unlawful act, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for manslaughter by unlawful and dangerous act?
It is very likely that you will go to jail. The maximum penalty for manslaughter by unlawful and dangerous act is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to reduce the length of the jail sentence.
What will the court take into account when sentencing?
The court will take into account the nature of the attack, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history. For example, ‘one-punch’ attacks may be seen as less serious than a sustained, prolonged assault. The court will also take into account many other factors including your personal circumstances and criminal history.
If you have been charged with assault causing death, police must prove that:
What does ‘caused the death of a person’ mean?
To cause the death of a person means that your act is the ‘substantial and operating cause’ of their death. This means that if there were any intervening acts which may have contributed to their death, it must be ‘so overwhelming’ so as to render your original act as unsubstantial.
If there is something about the victim that contributes to their death (e.g. suffers from an existing condition), this does not make you less criminally responsible. The law states that victims are taken as they are found.
What does ‘intentionally assault’ mean?
Assault is the unlawful application of force to someone else. In this context, the assault must be intentional. That means you must have formed the decision to assault the victim.
Examples of physical actions which may amount to an assault in this context include, punching, kicking, pushing or striking with an object.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you caused the death of the victim.
You may accept that you caused the death of the victim, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you caused the death of the victim, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is certain that the court will record a conviction. The length of your term of imprisonment depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for assault causing death?
It is very likely that you will go to jail. The maximum penalty for assault causing death is 20 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to reduce the length of the jail sentence.
What will the court take into account when sentencing?
The court will take into account the nature and extent of the offending, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
The victim died from injuries suffered once they hit the ground and not directly from the assault, can I be held liable?
Yes. If the victim dies of injuries sustained from hitting the ground or any other object as a result of your assault, you will still be held liable.
Whether it was foreseeable that the victim would suffer from these secondary injuries is irrelevant.
If you have been charged with assault causing death while intoxicated, police must prove that:
What does ‘caused the death of a person’ mean?
To cause the death of a person means that your act is the ‘substantial and operating cause’ of their death. This means that if there were any intervening acts which may have contributed to their death, it must be ‘so overwhelming’ so as to render your original act as unsubstantial.
If there is something about the victim that contributes to their death (e.g. suffers from an existing condition), this does not make you less criminally responsible. The law states that victims are taken as they are found.
What does ‘intentionally assault’ mean?
Assault is the unlawful application of force to someone else. In this context, the assault must be intentional. That means you must have formed the decision to assault the victim.
Examples of physical actions which may amount to an assault in this context include, punching, kicking, pushing or striking with an object.
What does ‘intoxicated mean?
You are intoxicated if you are under the influence of alcohol or drugs. You will be presumed to be intoxicated by alcohol if blood alcohol concentration is 0.15 grams per 210 litres of breath or 100 millilitres of blood.
What does ‘prescribed non-parole period’ mean?
This offence carries a prescribed non-parole period of 8 years. That means the minimum penalty that a court may impose cannot be less than 8 years.
What are the possible defences?
Should I plead guilty or not guilty?
This will depend on a number of factors, including whether you accept that you caused the death of the victim.
You may accept that you caused the death of the victim, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you caused the death of the victim, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is certain that the court will record a conviction. The length of your term of imprisonment depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for assault causing death while intoxicated?
It is very likely that you will go to jail. The maximum penalty for assault causing death is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to reduce the length of the jail sentence.
What will the court take into account when sentencing?
The court will take into account the nature and extent of the offending, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
The victim died from injuries suffered once they hit the ground and not directly from the assault, can I be held liable?
Yes. If the victim dies of injuries sustained from hitting the ground or any other object as a result of your assault, you will still be held liable.
Whether it was foreseeable that the victim would suffer from these secondary injuries is irrelevant.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
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At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
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