Murder

Our expert criminal lawyers for murder offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Murder

Murder is the most serious criminal offence because of the value that society places on a human life. Due to the gravity of the crime it is not easy for police to prove murder. There are many defences that our criminal lawyers use to beat murder charges.

Not guilty verdicts for murder are attainable where an Accused was not the person who caused the victim’s death. Or, the death was caused by something other than the Accused’s actions.

Partial defences are also available. A murder charge will be reduced to manslaughter where an Accused person acts in excessive self-defence, is provoked or has a substantial impairment by abnormality of mind.

How do I beat a murder charge?

You will be found not guilty to murder if the police cannot prove beyond a reasonable doubt that:

1. You committed an act or omission causing death, either:
   • With intent to kill or inflict grievous bodily harm (really serious harm); or
   • With reckless indifference to human life (you did an act foreseeing that it is probable – as distinct from possible – that death would result from that act); or
   • The death occurred while you were committing an offence which is punishable by 25 years to life imprisonment.

You will be found not guilty of murder but guilty of manslaughter if:

1. You committed the act under provocation. This means your act was the result of a loss of self-control induced by the conduct of the deceased towards you. This includes grossly insulting words or gestures. The conduct could have induced an ordinary person in your position to have formed an intent to kill, or to inflict grievous bodily harm upon, the deceased.
2. You committed the act using excessive self-defence. This means the act or omission causing death was committed where there is a reasonable possibility that you were acting in self-defence. 
3. You committed the act with a substantial impairment by abnormality of mind.

You can read more information about pleading not guilty here.

Complete defences to Murder to be found not guilty include:

• Self-defence, you acted to protect yourself or another person.
• No murder occurred. 
• Mental health considerations. 
• Necessity, your actions were needed to avoid serious harm.
• Identification, you were not the offender.

You can read about mental health as a defence to murder here. 

Pleading guilty

If you agree that you have committed the offence, and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. It may also be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.

The offence of Murder carries a maximum penalty of life imprisonment in the Supreme Court. It has a standard non-parole period of 20 years imprisonment. 

You can read more about pleading guilty here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your assaulting a police officer charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case studies 

Murder reduced to manslaughter – excessive self-defence established 

Our lawyer represented a man charged with murder following a brawl involving security cards and patrons who were refused entry into a nightclub. Mr Correy dissected the prosecution brief including dozens of civilian witness statements and CCTV from the council, store fronts, hotels, and pubs. Ultimately, it was accepted the man had acted in excessive self-defence and the murder charge was dismissed and replaced with manslaughter. 

Murder charge withdrawn – Admission excluded

Our lawyer represented a client charged with murder following a stray bullet in a gang shootout hitting a bystander. He was one of several co-Accused. Our lawyer subpoenaed the police in order to uncover how alleged admissions were obtained from the Accused. The subpoenaed material revealed information not in the Brief. It showed that the police had acted illegally. They had deliberately concealed how they obtained the alleged admissions. In consequence of those subpoenas, the officer responsible was cross-examined on voir dire and the judge excluded the alleged admissions. Following the alleged admissions being ruled inadmissible, the Crown withdrew the charge of murder and accepted a plea of guilty to Affray.