The most serious assaults are murder - section 18 of the Crimes Act 1900 NSW.

CRIMES ACT 1900 - SECT 18
Murder and manslaughter defined
Section 18 Murder and manslaughter defined

Section 18(1) subsections:
(a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
(b) Every other punishable homicide shall be taken to be manslaughter.

Section 18(2) subsections:
(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.

We have conducted many long running murder trials before juries over the past two decades. These matters are unlike most other prosecutions. The time and resources allocated by the DPP and police are enormous. Only the best Crown Prosecutors run murders.

A few selected murder cases:
• Causation: Royall (1990) 172 CLR 378, 54 A Crim R 53.
• Reckless indifference to human life: Crabbe (1985) 156 CLR 464
• Felony murder: Ryan (1967) 121 CLR 205.

If murder cannot be proven the alternative is a finding of manslaughter. The law relating to manslaughter is equally as complex.

Selective manslaughter cases:
• Elements: Lavender [2004] NSWCCA 120; Lavender v The Queen [2005] HCA 37.
• Excessive self defence: Zecevic (1987) 162 CLR 645
• Dangerous act: Pemble (1971) 124 CLR 107

To meet those challenges requires hard work, rigorous defence preparation and very skilled advocates. We have a strong record in defending murder matters. The penalties if found proven could not have more serious consequences. Given the Standard Non Parole Periods that apply a family member may face life in gaol. The government's Truth In Sentencing laws means that the non parole period is the minimum time to be served. You cannot have it reduced through good behaviour. We are experienced in sentence proceedings when a person pleads guilty or is found guilty. We have also conducted appeals in the CCA. We primarily act for accused at the behest of their family and have worked with the leading Senior Counsel and Queens Counsel in NSW and have been involved in high profile matters monitored by the media. Only the best Counsel will do.

We will however note that associated charges frequently involving violence are offences such as robbery which often involve acts of violence and frequently occur whilst in company. The robbery guideline sentence of Henry is one of the oldest and robbery sentences are very predictable and statistically involve a high percentage of those convicted going to gaol for years.

There are many other charges that involve violence call us to discuss your case.

 

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