Murder Charges Defence in Victoria: SLKQ Lawyers Have You Covered
Being accused of murder is undoubtedly one of the most serious and life-altering situations an individual can face. Murder charges carry severe penalties. The complex nature of murder charges requires a deep understanding of the law, meticulous attention to detail, and the ability to navigate the intricacies of the criminal justice system.
We recognise that murder charges can differ from one case to another, and we are committed to providing individualised attention and care to each of our clients.
Homicide & Murder Charges
Elements of murder
Murder charges are legally defined in the Crimes Act 1958 Authorised Version No. 307 as the unlawful and intentional killing of another individual. For a person to be convicted of murder, the Prosecution must prove beyond a reasonable doubt that:
- The accused caused the victim's death.
- The accused's actions were intentional, voluntary, and deliberate.
- When carrying out those actions, the accused intended to kill or cause really serious injury, understanding that death or significant injury would likely result.
- The accused killed the victim without any lawful justification.
- A person may still be guilty of murder even if their actions were not the sole cause of the victim's death, as long as the actions significantly contributed to it.
Additionally, a person can be convicted of reckless murder if, although they did not intend to harm the victim, they were aware that their actions were likely to cause really serious injury or death.
Defences of murder (s.332K, s.332O, s.322T, and s.322R)
Depending on the circumstances of each case, several defences may be available to someone accused of murder. In section 322 under s.332K, s.332O, s.322T and s.322R, these include:
- Self-defence
- Duress
- Sudden and extraordinary emergency
- Automatism
Manslaughter Charges in Victoria
For manslaughter, the maximum penalty is 25 years imprisonment. A custodial sentence must be imposed upon conviction, unless there are specific reasons not to do so. Murder is a category 1 offence, and a custodial sentence is required.
Other Offences Related to Murder Charges
Offences Related to Manslaughter
Areas of Representation
Bail Applications
If you have been charged with homicide, you may be remanded into custody throughout your proceedings. Our team can assist you in applying for bail in rare circumstances where it may be possible, advocating for your release under appropriate conditions, and ensuring that your rights are protected during the bail application process.
Plea Negotiations
Our experienced lawyers will guide you through the process of plea negotiations, where we aim to reach an agreement that may reduce the severity of charges, and in turn, penalties. If you choose to plead guilty to a homicide-related charge, we will thoroughly prepare your case, ensuring that all mitigating factors are presented to the Court on your behalf, with the goal of securing the most favourable sentence possible.
Trial Representation
If your case proceeds to trial, our team of expert trial lawyers will be with you every step of the way. Whether you are facing charges of murder, manslaughter, or infanticide, we are prepared to represent you in court and fight for the best possible result.
Appeals and Post-Conviction Remedies
If you have been convicted of homicide, or if you are dissatisfied with the outcome of your trial, we can help you explore your options for appeal. Our lawyers will review your case to determine whether there are grounds for an appeal, such as legal errors during the trial, the emergence of new evidence, or an unfair sentence.
Disclaimer: The information provided is of a general nature and not tailored to your individual circumstances. Please get in touch for independent legal advice specific to your situation.
Contact Us
At our firm, we understand the seriousness and complexity of homicide. If you or a loved one has been accused of murder charges or anything similar in nature, we are here to provide the legal expertise you need to navigate the situation effectively.
To schedule a consultation with our experienced lawyers, please don't hesitate to reach out to us using the following methods:
Phone: Call our phone at (03) 9923 7727 to speak directly with one of our lawyers. Our lines are available Monday - Friday at 9am - 5pm to ensure you can access the help you need, whenever you need it.
In-Person: Our office is located at 1105, 530 Little Collins Street, Melbourne 3000. Book an appointment and visit us in person to discuss your case in a confidential setting. A Zoom meeting can also be arranged if you are unable to physically make it into the office.
If the person facing charges is in custody, we can arrange to speak with them as soon as possible to discuss their case. We understand how important it is to address these serious matters promptly, and our team is dedicated to providing you with the best possible legal support for murder charges.
We are committed to guiding you through every step of the legal process, offering the clarity and expertise you deserve. Don’t face homicide charges alone - reach out to us today. We’re here to help you navigate the complexities of the case with confidence.