Murder​

• Murder involves intentional or reckless killing
• Manslaughter involves a lack of intent, but death occurs due to:
  • Criminal negligence
  • Unlawful and dangerous acts
  • Excessive self-defence or provocation

It means the person knew their actions were likely to cause death, but continued anyway.

For example, setting fire to an occupied house or hitting someone violently knowing it could be fatal.

Life imprisonment means a person can be kept in prison for the rest of their natural life, though courts may set a non-parole period (minimum time before eligibility for release).

In rare or extreme cases, the court may impose a “life means life” sentence with no parole.

• Yes, if they:
  • Encouraged, directed, or helped the killer (accessory or joint criminal enterprise)
  • Participated in a crime that led to a foreseeable killing
  • Ordered or planned the killing

This applies when someone causes a death while committing a serious crime (e.g., robbery, assault, arson), even if there was no intent to kill.

It’s treated as murder due to the dangerous context.

• Yes, if a person:
  • Genuinely believed they needed to defend themselves or another person, and
  • The force used was reasonable

If the self-defence was excessive, it may reduce murder to manslaughter.

Families can access:

• NSW Victims Services (or state equivalent)
• Funeral and counselling support
• Victim impact statements during sentencing
• Access to information through Corrective Services

A jury of 12 people decides whether the accused is guilty or not guilty based on the evidence presented in court.

The judge oversees the trial and imposes the sentence if there is a conviction.

• Yes

Facing a murder charge is extremely serious and requires immediate legal representation. An experienced criminal defence lawyer can protect your rights, review evidence, and develop a strong defence strategy tailored to your case.

At Brightstone Defence, our expert criminal lawyers provide strategic guidance through every stage of the legal process. We assess the circumstances, identify possible defences, and work to achieve the best possible outcome. Contact us today for confidential advice and professional representation.

• Murder involves intent to kill or cause serious injury.
• ‍Manslaughter involves:
  • No intent, but still unlawful actions or negligence leading to death.
  • It is considered less morally blameworthy than murder.

There are two main types under Australian law:

• Voluntary manslaughter – where there is intent, but the offence is downgraded from murder due to mitigating circumstances (e.g. provocation or excessive self-defence).
• Involuntary manslaughter – where the death was caused by:
  • An unlawful and dangerous act, or
  • Gross negligence (e.g. a duty of care was breached with serious consequences).

• This occurs when a person:
  • Commits an illegal act, and
  • That act is dangerous, and
  • It causes someone’s death (even if death was not intended).

• This applies when someone owes a duty of care (e.g. a parent, carer, or professional), and:
  • Fails to take reasonable steps to protect a person, and
  • That failure results in death.

• Yes. For example:
  • A DV-related assault that unintentionally causes death (e.g. head injury from a shove)
  • Failing to seek medical help for a partner after a violent incident
  • Extreme neglect or abuse that leads to a partner or child’s death

These cases may be charged as manslaughter instead of murder depending on intent and circumstances.

• Yes, in some cases. For example:
  • If a person owed a duty of care and their failure caused death (e.g. neglect, omission)
  • If they were involved in an unlawful act that caused someone else to die, even if unintentionally

• Yes

If a person acted to protect themselves or others, and used reasonable force, it may be a full defence to the charge.

However, excessive self-defence may reduce a murder charge to manslaughter.

• Yes

Prosecutors or a jury may decide the evidence does not support intent required for murder, and instead proceed with or return a manslaughter conviction.

This can happen during plea negotiations or trial.