Murder

Homicide & Manslaughter - your Questions answered

When faced with serious charges such as Murder or Manslaughter, early Legal advice is imperitive. Our experienced Criminal Law Team can assist you with all criminal enquiries. Early advice is essential to providing you with the best possible outcome for your Defence.

Murder
Attempt to Murder
Manslaughter

What is "Attempt to Murder"?

Section 283 of the Criminal Code provides that any person who attempts to unlawfully kill another or with intent to unlawfully kill another does an act (or omits to do an act which it is their duty to do) and the doing or omitting to do that act is likely to endanger human life, that person is guilty of attempt to murder.

The Police must prove that:

(1) That the accused had an intent to kill at the time of the offence;
(2) That an act was done which shows that they had put the intention to kill into execution; and
(3) That there was some overt manifestation of the intention to kill.

In which Court will the Attempt to Murder charge be heard?

The Attempt to Murder charge will be heard in the Supreme Court.

What is the maximum penalty for Attempt to Murder

If found guilty, the maximum penalty is life imprisonment.

What are the possible Defences for Attempt to Murder?

Under WA Law, Possible defences for this kind of charge may include:

there was no intention to kill;
no act had been done to put the intention to kill into execution;
the act done could not have killed the person and the accused knew this;
insanity;
accident; and
identification (ie. the accused is not the person who intended to kill the victim)

What is Manslaughter?

Under WA Law, and according to s280 of the Criminal Code, if a person unlawfully kills another person under such circumstance as not to constitute murder, the person is guilty of Manslaughter.

There is no requirement to prove that the accused intended to harm anyone as opposed to the charge of Murder.

The Act states that to be charged with this offence, the victim must be dead, and the offender unlawfully killed the person. A person is unlawfully killed if the act is not authorised, justified or excused by law.

Which Court will hear the matter of Manslaughter?

The matter of Manslaughter will be heard in the Supreme Court.

What is the maximum penalty for Manslaughter?

If found guilty, the maximum penalty is 20 years imprisonment.

Is there a possible Defence for Manslaughter?

Yes, there are several possible Defences for Manslaughter under WA law including;

accident;
insanity;
duress;
emergency;
self-defence;
identification (ie. the accused is not the person who killed the victim); and
the act of the offender did not cause the death of the victim.

Provocation is not a defence for this offence.

What is Murder under WA Law?

Under section 279 of the Criminal Code, states that if a person unlawfully kills another person and:

the person intends to cause the death of that person killed or another person; or
the person intends to cause bodily injury of such a nature as to endanger, or be likely to endanger, the life of the person killed or another person; or
the death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life,

the person is guilty of murder.

For the purposes of 1 and 2 it is immaterial that the person did not intend to hurt the person killed. For the purpose of 3 it is immaterial that the person did not intend to hurt any person.

The Police must prove that:

the victim is dead;
the offender unlawfully killed the victim; and
the offender either intended to kill or cause bodily harm to that person or another.

If there was no intent to kill or cause grievous bodily harm the police must prove that the death was caused in the prosecution of an unlawful purpose and that the act which caused the death was likely to endanger life.

Which Court will hear the matter?

The matter will be heard in the Supreme Court.

What is the maximum penalty for Murder?

According to WA Law, if a person is 18 or over and is guilty of murder, they must be sentenced to life imprisonment, unless:

the sentence would be unjust; or
the person is unlikely to be a threat to the community.

If either of these circumstances applies, the maximum sentence is 20 years imprisonment.

Are there possible Defences for Murder?

Yes, there are several possible Defences under WA Law, and we recommend you obtain Legal advice immediately if you have been or will be charged with Murder. The list of possible Defences include:

accident;
insanity;
duress;
emergency;
self-defence;
identification (ie. the accused is not the person who killed the victim); and
the act of the offender did not cause the death of the victim.