Murder/Manslaughter
If you (or, most likely, someone you care about) have been charged with a serious offence, it is crucial that you choose experienced legal representation. At LAC Lawyers, we not only have experience in this area, but we are committed to ensuring that the person charged with the offence (and their family) know exactly what to expect, and how to best handle all eventualities.
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.
Murder/Manslaughter Articles
Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Self Defence
Date: December 01, 2008
Author(s): LAC Lawyers
Self defence is an issue that needs to be disproved by the Crown beyond reasonable doubt. Normally a defence will apply once the Crown has proved its case to excuse the actions of the accused. However, if the Crown cannot disprove self defence then the accused is entitled to an acquittal.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.