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Murder and manslaughter

Offence title:

 

Murder and manslaughter

Act:

 

18 Crimes Act (NSW)

Offence:

Murder is committed where

(a)   the act of the accused; or

(b)   thing done by him or her; or

(c)    omitted to be done;

(d)   with reckless indifference to human life; or

(e)   with intent to kill; or

(f)    inflict grievous bodily harm upon some person; or

(g)   done in an attempt to commit; or

(h)   during or immediately after the commission;

(i)     by the accused or some accomplice with him or her;

(j)     of a crime punishable life, or 25 years, imprisonment.

 

Every other punishable homicide shall be taken to be manslaughter.

Penalty:

 

Murder - Imprisonment for life – this means the remaining term of natural life.

 

Manslaughter – Imprisonment for 25 years

Summary/Indictable/mixed:

 

Indictable

 

Jurisdiction:

 

Supreme Court

 

How committed:

 

Murder can be committed in very may ways. What is important to bear in mind, is apart from intending to murder someone, a person can be guilty if they intended only to very seriously injure the person and they die, or if a person dies whilst the accused is in the course of committing a very serious crime punishable by imprisonment for 25 years.

 

Important note:

The act or omission must be malicious to prove guilt.

 

There shall be no punishment if the death is caused by misfortune only.

 

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