Criminal Lawyers Melbourne
Criminal Law Specialist Melbourne, Heidelberg & Broadmeadows.
Criminal Defence Lawyers Doogue & O'Brien
Murder
MURDER

Penalty for murder is life imprisonment or for such other term as is fixed by the Court

Murder can be either charged as common law or under S3A of the Crimes Act

To prove murder at common law it is necessary for the prosecution to prove the following

1 That the victim was killed

2 That their death was caused by an act of the accused (or of an accomplice)

3 That the act which caused death was a conscious voluntary and deliberate act

4 That the accused did the act

(a) with the intention of killing CD or
(b) with the intention of inflicting grevious bodily harm on CD or
(c) with the knowledge that it was probable that dealth or grevious bodily harm would result



5 That you were not acting in self-defence or provoked (if that arises on the evidence)

To prove murder under S.3A of the Crimes Act it is necessary for the prosecution to prove

1 That the victim was killed

2 That his death was caused unintentionally

3 That his death was caused by the accused (or an accomplice)

  by an act of violence
  which was conscious,
  voluntary and deliberate
  done in the course or furtherance of a crime
( the necessary elements of which include
violence and carries a maximum penalty of not less than 10 years imprisonment)


 
 
 

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