If you have been charged with a Murder or Manslaughter crime, our skilled criminal solicitors can provide you with important advice and representation
- The right legal representation is much needed when dealing with serious charges like Murder and Manslaughter
- Expert JDA lawyers can help identify possible defences for your case and advise you on all legal matters
- In Victoria, serious charges such as these may result in considerable time in prison
Need immediate assistance in relation to a Murder or Manslaughter offence?
Call James Dowsley & Associates 24/7 on (03) 9781 4900
Types of Murder & Manslaughter Charges
There are various crimes which cover the unlawful killing of another person.
They are largely distinguished by the degree of blameworthiness that they place on the committer. Murder, Manslaughter and related crimes are considered indictable offences and are heard in the Supreme Court. These trials can take several months, or even years.
See below for information on specific crimes and their maximum penalties.
Murder is the intentional and unlawful killing of another person. The maximum penalty for Murder is life imprisonment, as stated in Section 3 of the Crimes Act 1958.
A defendant to a charge of Murder must be proved beyond reasonable doubt to have:Read more
- Had the full intention to kill or inflict grievous bodily harm, or have acted recklessly towards human life
- Been able to reasonably foresee that their actions, or lack of actions may lead to the death of the victim
Possible defences to a charge of Murder may be self-defence, duress, or automatism.
In order to be found not guilty due to self-defence, it must be established that the defendant held a genuine belief that their actions were necessary.
The defence of automatism refers to actions that are undertaken without conscious volition and was established in Australia by the 1950 decision of the Victorian Supreme Court, R v Cogdon.
Provocation has been abolished as a defence to Murder in Victoria and can only be argued as a defence in Murders alleged to have occurred prior to 2005.
Voluntary Manslaughter differs from Murder in that, though the killing is intentional, it may be provoked by certain circumstances.
In this way, Manslaughter is less premeditated. For example, in the case of a burst of violence during an argument leading to death, the argument may constitute provocation.Read more
Sentencing for voluntary manslaughter can differ depending on the circumstances of the crime. Our experienced criminal lawyers can help identify defences that apply to your charge of Voluntary Manslaughter and represent you in a court of law.
Involuntary Manslaughter differs greatly in that there is a lack of intent to end someone’s life, instead being caused by reckless or negligent illegal behaviour.
The prosecution must prove that the death was a result of this behaviour, and that the defendant did not take reasonable care. For example, reckless driving causing death may be considered Involuntary Manslaughter.Read more
Sentencing for this crime also depends on the specific circumstances of the event. Defences may include self-defence or automatism.
A qualified legal professional can help identify any defences that are relevant to your specific case.
Other specific Murder and Manslaughter related offences include:
- Constructive Murder
- Reckless Murder
- Single Punch Manslaughter
Need a Criminal Lawyer in Melbourne for
a Murder or Manslaughter Offence?
Our phones are open 24 hours a day. Call James Dowsley & Associates on (03) 9781 4900 to speak to an experienced lawyer for immediate advice on Murder, Manslaughter and other related charges.