Murder

The charge of murder is a serious criminal matter and you or your family member or friend must obtain expert representation by a specialist criminal lawyer as soon as possible.

Lenz Legal will provide expert advice and representation from before the charge is even laid, guiding you through your initial interactions with police, continuing to manage the matter as it proceeds through the judicial system.  Lenz Legal guarantees the highest level of service ensuring the rights of those charged are protected.

Murder is defined in s 18(1)(a) of the Crimes Act 1900 in the following terms:

“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.”

The prosecution must prove that at the time of causing death, the accused had the mens rea or mental state of either an intention to kill or to cause grievous bodily harm or the accused recognised that death could be the result; or, the accused or an accomplice caused the death of the victim during or immediately an offence with a maximum penalty of 25 years.

The maximum penalty for murder is life imprisonment. The maximum penalty is reserved for cases where the crime is so extreme that retribution, punishment, community protection and deterrence can only be met through the imposition of life imprisonment. The prosecution need to prove beyond reasonable doubt that an individual deserves life imprisonment.

Self defence is a complete defence to the charge of murder. Partial defences including provocation, substantial impairment of the mind, and self-defence involving excessive force will reduce the charge of murder to manslaughter.

As a specialist criminal law firm we can provide you with professional and timely advice and service to maximise your legal position in the face of this serious charge.  Lenz Legal will provide 24 hour expert personalised service to meet your particular requirements.  Call us now to see just what is possible.