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Murder
Murder
Written by
Bill Doogue
Criminal Defence Lawyer
What the Law states - Murder
This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.
If you look at what must be proved that is basically what the law is in relation to this charge.
There is then a lot of case law that explains this law in greater detail.
Maximum Penalty in Victoria
The maximum penalty for a charge of murder is life imprisonment.
The charge of murder is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.
What the Prosecution must prove - Murder - Vic
(a) The accused caused the death of another person by an intended act or omission.
(b) There was malice aforethought that preceded or co-existed with this act or omission.
(c) Malice aforethought is satisfied in a number of ways.
Firstly, it may be satisfied by an intention to cause the death of, or grievous bodily harm to, any person whether such person is killed or not.
Secondly, it may be satisfied by knowledge that the act which caused death would probably cause the death of, or grievous bodily harm to, some person, whether such person is actually killed or not.
Thirdly, it may be satisfied by an intent to commit any crime the necessary elements of which include violence and which may on first conviction be punished by life imprisonment or imprisonment for a term of 120 months or more, where the death is intentionally caused by an act of violence done in the course or furtherance of such a crime.
Street Names
Unlawful homicide
Possible Defences - Murder
(a) Factual dispute.
(b) Identification dispute.
(c) Lack of intent.
(d) Mental impairment.
(e) Self-defence.
Which court will hear the charge of Murder
Supreme Court.
