Section 18 of the Crimes Act sets out the elements of murder. Where an act is the substantial or significant cause of death then that is enough. It must be established that the accused has any of the following states of mind:
With felony murder it has to be established that a person committed an act resulting in the death of the victim in an attempt to commit or during or immediately after commission of a crime which is punishable by 25 years imprisonment.
Where the act of the accused does not satisfy the requisites of murder then the section provides that every other punishable homicide should be taken to be manslaughter. Although the guilty act is the same, the person does not have the requisite intent. With manslaughter there are two principle categories
Murder trials are only conducted by the Supreme Court as it is the only court which has jurisdiction to hear the matter.
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email