If you have been charged with Murder, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of Murder, they must prove beyond a reasonable doubt all the elements of the offence which have been established under Common Law and are as follows:
- The accused committed acts which caused the victim’s death; and
- The accused committed those acts voluntarily; and
- The accused committed those acts:
- intending to kill someone or cause them really serious injury; or
- being reckless, that is knowing that it was probable that death or really serious injury would result; and
- The accused did not have a lawful justification or excuse for those acts (for example self-defence or provocation).
Will I have to go to court?
Charges for Murder are heard in the Supreme Court.
Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare your defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.
The maximum penalty for this offence is life imprisonment.
What sentences are usually given?
From 2015-16 to 2019-20, 146 people were sentenced for murder and all but 1 received a sentence of imprisonment.
The median sentence of imprisonment was 22 years with sentences ranging from 12 years to life imprisonment.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.