Areas of Expertise
MURDER AND MANSLAUGHTER
Call MCD Lawyers now on 03 7009 4777 to discuss murder and manslaughter in Victoria.
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Murder in Victoria
In Victoria (and Australia), Murder is one of the most serious charges a person can face. The charge of Murder is often laid against a person who is alleged to have caused the death of a person either intentionally or recklessly. However, a person can also be charged with Manslaughter.
It is also possible for an accused to be initially charged with Murder, only for the charge to be reduced to Manslaughter at a later stage of an accused’s matter.
The following are three ways in which an accused may be alleged to have committed Murder:
- The accused caused the victim’s death while intending to kill or cause really serious injury, or being reckless as to that result (Common Law Murder);
- The accused unintentionally caused the victim’s death in the course or furtherance of certain violent crimes (this is known as ‘Statutory Murder’); and
- The accused unintentionally caused the victim’s death to escape arrest.
All cases of Murder will be heard in the Supreme Court of Victoria.
Pursuant to section 3 of the Crimes Act 1958 (Vic), the maximum penalty for the charge of Murder under the Common Law is life imprisonment.
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Defences to Murder
There are range of defences an accused may have to a charge of Murder. Some of these defences include wrongful identification or duress.
Self-defence is also a defence to a charge of Murder.
Under section 332K of the Crimes Act 1958 (Vic), the law states that a person is not guilty of an offence if the person carries out the conduct constituting the offence in self-defence. A person carries out conduct in self-defence if:
The person believes that the conduct is necessary in self-defence; and
The conduct is a reasonable response in the circumstances as the person perceives them.
Importantly, self-defence can only be relied upon in a case of Murder if an accused believed their conduct which caused the death of another person was necessary in order to defend themselves or another person from the infliction of death or really serious injury.
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Manslaughter
In Victoria, there are two categories of Manslaughter:
- Manslaughter by unlawful or dangerous act; and
- Negligent Manslaughter.
Manslaughter by Unlawful or Dangerous Act
If an accused is charged with Manslaughter by unlawful or dangerous act, the Prosecution must prove the following four elements beyond reasonable doubt:
- That the accused committed an act that caused the death of another person;
- That the relevant act was committed consciously, voluntarily and deliberately;
- That the relevant act was unlawful; and
- That the relevant act was dangerous.
However, there are defences available to this category of Manslaughter. An example of a defence is that an accused did not commit the act that caused the death of another person consciously, voluntarily and deliberately.
Negligent Manslaughter
If an accused is charged with Negligent Manslaughter, the Prosecution must prove the following four elements beyond reasonable doubt:
The accused owed the victim a duty of care;
The accused breached that duty by criminal negligence;
The act which breached the duty of care was committed consciously and voluntarily; and
The accused’s breach of the duty caused the victim’s death.
Like Manslaughter by unlawful or dangerous act, there are also defences potentially available to an accused charged with Negligent Manslaughter. These include, but are not limited to:
The accused did not owe the victim a duty of care; or
The accused did not act consciously and voluntarily.
Under section 5 of the Crimes Act 1958 (Vic), the maximum penalty for Manslaughter is 25 years’ imprisonment.
