What’s the Legal Definition of Murder or Manslaughter in NSW?
Murder is defined in section 18(1)(a) of the Crimes Act 1900 (NSW) as: ‘an act or omission, causing death to another person where the death occurred due to the accused person acting or omitting to act with a reckless indifference to human life, or with an intention to kill, or an intention to inflict actual grievous bodily harm.’ The act then provides that ‘every other punishable homicide shall be taken to be manslaughter’.
The two main categories of manslaughter are ‘manslaughter by unlawful and dangerous act’ and ‘manslaughter by criminal negligence’, which differ in terms of the circumstances.
For example, for manslaughter by unlawful and dangerous act, the prosecution will need to prove that the accused caused the death of the deceased by a voluntary act that was unlawful and dangerous. An act will be classified as ‘unlawful and dangerous’ where a reasonable person in the accused’s position would have appreciated that the act exposed another person to a risk of serious injury.
Whereas in cases of manslaughter by criminal negligence, the prosecution will need to prove that the accused acted in circumstances which involve a great falling short of the standard of care which a reasonable person would have exercised and a high risk of death or grievous bodily harm. This charge requires some form of legal duty of care being owed by the accused to the deceased (i.e., a parent and their child, a carer and an elderly or disabled person).
Whilst the ‘culpability’ or ‘blameworthiness’ of one’s conduct is reduced in manslaughter offences due to there being a lack of clear intention, both remain homicide offences and carry severe penalties.
Why you should choose Elite Defence Lawyers?
We provide our clients with a free consultation to understand their cases and provide insight on how we're able to assist in their representation. We use our skills and to best develop the best outcome for our clients no matter the case.
We understand that our clients may need the assistance of a lawyer at any time. We provide 24/7 assistance for our clients that include quick bail applications, instant legal advice on court proceedings and more. We provide around the clock assistance via phone or email
With experience in the Criminal Defence Law we understand all possible outcomes for our clients. With this we’re able to create and develop strategies to achieve what we feel is best for our clients
We pride ourselves on having high client retention, building ongoing relationships with our clients time and time again. Our clients know that they're able to trust Elite Defence Lawyers in any and all instances.
Elements and Penalties of Murder in NSW
In relation to an offence of murder, the Prosecution are required to prove beyond a reasonable doubt that:
You voluntarily did something resulting in the death of another person;
At the time of doing so, either one of the following applied:
You intended for the other person to die,
You intended to cause really serious injury or disfigurement to the other person,
You had ‘reckless indifference to human life’, or
You were committing another crime (or an accomplice that was with you) during or immediately after the death occurred, which has a maximum penalty of 25 years imprisonment or more (known as ‘constructive murder’).
The maximum penalty applicable is life imprisonment. It is important to note that a Judge will only be able to impose a sentence of life imprisonment where the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence.
There is a standard non-parole period of 20 years’ imprisonment. A standard non-parole period acts as a guidepost for a Judge when determining the period that the offender will spend in full-time imprisonment before being able to apply for release on parole.
Can You Be Granted Bail for Murder or Manslaughter Charges?
In New South Wales, it is likely that you will be held on remand (i.e., in custody) pending the determination of your matter if you have been charged with murder or manslaughter. However, being granted bail (i.e., being able to be in the community subject to conditions whilst your matter is determined) is definitely a possibility and can be achieved in some cases.
Murder is a ‘show cause’ offence in New South Wales. If an offence is ‘show cause’, it adds an extra hurdle or test to being granted bail. It provides that a bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why their detention is not justified.
The ‘show cause’ requirement does not require there to be something ‘special or exceptional’, and it may be shown through a culmination of different factors. If the accused person shows cause, the application will then proceed to the ‘unacceptable risk test’.
This involves the accused person demonstrating that there is no unacceptable risk that cannot be mitigated by the imposition of bail conditions. Whether there is an unacceptable risk involves an assessment of bail concerns. Bail concerns referred to concerns that an accused person may fail to appear at any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals, or the community, or interfere with witnesses or evidence.
The court will consider a multitude of factors, including the strength of the prosecution’s case, the accused’s criminal history, whether they have a history of non-compliance with court orders, whether they have strong community ties and whether they pose a flight risk.
It is important to obtain early and experienced legal advice to present the strongest application to the court. It is integral to highlight your familial and community support, as well as any treatment plans or rehabilitative efforts.
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
What Happens After You’re Charged with Murder or Manslaughter?
If you have been charged with murder or manslaughter, the matter will proceed through the Local Court for the ‘Early Appropriate Guilty Plea’ (EAGP) process before proceeding to the Supreme Court for Sentence (Guilty) or Trial (Not Guilty).
The ‘EAGP’ process is as follows:
Orders are made for the brief of evidence to be served by the prosecution on the defence. Once the evidence has been served, the defence will confirm that the brief has been served by the prosecution.
A ‘charge certificate’ is then filed by the prosecution - a charge certificate is a document that specifies the offences that the prosecution is proceeding with, setting out the details of these offences, back-up offences (if applicable), and other offences that are no longer being proceeded with (if applicable).
A ‘case conference’ is then held between the prosecution and defence - this involves parties engaging in discussions regarding the case. A ‘case conference’ certificate will then be filed with the court outlining any negotiations.
Following this, the matter will be listed for committal, where a plea of guilty or not guilty must be entered, advising whether the matter is proceeding to a Sentence or a Trial.
Once these processes are completed, the matter will then be listed in the Supreme Court for Trial (i.e., before a jury) or Sentence.
It is integral that there is a clear case plan in the matter from the beginning to ensure detail and strategy in any review of the brief of evidence, negotiations, or preparation for trial. It is a lengthy process and can take months, and sometimes years.
How do you Defend Murder or Manslaughter Charges in NSW?
If you are charged with murder, some common defences are:
Self-defence,
Excessive self-defence (partial defence to lower charge to manslaughter),
Your conduct was not the substantial cause of the death (i.e., the prosecution cannot prove causation),
Mental illness,
Provocation (partial defence to lower charge to manslaughter),
Lack of intent (seeking to reduce the charge to manslaughter).
Experienced lawyers can challenge witness credibility, timelines, medical evidence, and forensic reports. Plea bargaining and negotiations with the prosecution to seek for murder to be downgraded to manslaughter will be integral in some cases.
What to Do If You or a Loved One Is Facing a Murder or Manslaughter Charge
If you have a loved one who if facing a murder or manslaughter charge, it will be important to:
Ensure you are aware what Correctional Centre they are on remand,
Organise to have visits and calls with your loved one via the Centre,
Document your version of events,
Preserve communication records,
Preserve any documents related to your loved one’s physical and mental health,
Call Elite Defence Lawyers for urgent advice.
Elite Defence Lawyers offers discrete and compassionate legal support from day one.
Why Choose Elite Defence Lawyers for Serious Homicide Offences?
When facing a murder or manslaughter charge, you need a defence team with the skill, experience, and focus to manage one of the most serious allegations under NSW law. At Elite Defence Lawyers, we have a proven record of success in complex criminal matters, including working with Barristers in Supreme Court trials and Supreme Court bail hearings. Our lawyers understand the gravity of these cases and work tirelessly to challenge the evidence, identify weaknesses in the prosecution’s case, and build a strong defence strategy.
We have achieved notable outcomes, including securing bail in serious criminal matters and obtaining not-guilty verdicts after trial. Our team provides discreet, compassionate, and strategic representation, ensuring every client is treated with respect and given the best possible chance at justice.
With 24/7 availability, fixed fees, and a dedicated focus on serious crime, Elite Defence Lawyers deliver professional guidance and courtroom expertise when it matters most.
If you or a loved one is facing a homicide allegation, contact us immediately. Early legal advice can make the difference between conviction and freedom.
