Murder, Manslaughter & Homicide Defence Lawyers Melbourne

Here's how Victorian law distinguishes between the most serious homicide offences. Murder involves intentional killing or reckless indifference to human life. Manslaughter refers to unlawful killing without intent, often due to negligence or during unlawful activities not intended to cause serious harm.

In Victoria, murder is defined as the unlawful and intentional killing of another person. The prosecution must prove:

• The accused caused the victim's death.
• The act was intentional or performed with reckless indifference to human life.
• There was no lawful justification or excuse.

Yes, if the accused believed their actions were necessary to defend themselves or others from serious harm or death, and the response was reasonable in the circumstances.

Common defenses include:

• Self-defense: Acting to protect oneself from imminent harm.
• Mental impairment: Lacking the capacity to understand the nature of the act.
• Duress: Being coerced into committing the act under threat.
• Automatism: Actions conducted without conscious control.

Proving intent is central to any murder charge — and it's the prosecution's burden. Intent is crucial; the prosecution must prove the accused intended to kill or cause serious harm, or acted with reckless indifference to human life.

It refers to a person's awareness that their actions carry a high risk of causing death or serious injury, yet they proceed regardless of the potential consequences.

Also known as felony murder, it applies when someone causes death while committing or attempting to commit a serious crime involving violence, regardless of intent to kill.

The maximum penalty for murder in Victoria is life imprisonment. The actual sentence depends on factors like the circumstances of the offense and the offender's background.

Yes, under the felony murder rule in Victoria, a person can be charged if a death occurs during the commission of a violent crime, even if they didn't directly cause it.

If an accused is found to have a mental impairment that prevented them from understanding their actions or knowing they were wrong, they may be found not guilty by reason of mental impairment, leading to alternative sentencing options.