Criminal Law

Murder Related Offences

What Does The Prosecution Have To Prove?

In order for the prosecution to prove a principal offence for the charge of murder the prosecution must satisfy a jury of each of the following matters beyond a reasonable doubt:

  1. The accused either:
    a) Did an act, or one or more acts in a series of acts, that was a significant or substantial cause of the death of the victim or
    b) Acted in concert with another, each doing acts which, in aggregate, were a significant or substantial cause of the death of the victim;
  2. The killing was unlawful (that is, not authorised, justified or excused by law);
  3. The accused intended to kill the victim or cause him an injury of such a nature as to endanger or be likely to endanger the victim’s life.

What Is The Penalty For Murder?

The mandatory penalty for murder by an adult is life imprisonment, unless that sentence would be clearly unjust given the circumstances of the offence and the offender is unlikely to be a threat to the safety of the community when released from imprisonment. Section 279 Criminal Code.

Where life imprisonment is imposed, the court must set a minimum term or order that the offender never is released. Section 90 (1)(a) of the Sentencing Act 1995 provides that the minimum term must be at least 10 years. There is no upper limit.

Which Court Will Hear And Determine A Charge Of Murder?

Murder is an indictable offence. The offence carries a penalty of life imprisonment and can only be heard and determined in the Supreme Court.

What Are The Possible Defences To A Charge Of Murder?

The following defences are capable of being run at a trial involving an offence of murder:

  • Self-defence or defence of another
  • The defence of Accident
  • The defence of Provocation
  • The defence of Insanity
  • The victim is not deceased
  • The accused was not involved in the offence
  • The accused did not cause the death of the victim

If you are facing murder charges, it’s essential that you have an experienced criminal defence lawyer on your side. Contact Andrew Williams on (08) 9278 2575 for legal advice today.

Contact our lawyers now

At Andrew Williams Criminal Law we're here to help you with the best legal advice.

Testimonials Hear from our valued Clients

I had Andrew deal with my case recently and couldn't of been happier with the result he got for me.
From the start Andrew was quick to reply to any questions and queries i had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quiet well.
I felt very comfortable in the court room knowing that Andrew wanted to get the best result he could for me, and ...

Colin W

I was on a very tight rope where if it balanced the wrong way it would have totally devastated my life.  Andrew was honest through the entire process preparing me for the worst but never let me give up and thankfully with his help got a great outcome that let me move forward with my family .I cant praise Andrew enough and recommend him 100%

...

Jason M

I trusted that Andrew was the person to defend my case in our initial contact on the phone. He was very confident in his approach, from the first point of contact to the court room. I believe this must be from years of experience. Another added bonus for Andrew is that he is very honest and fair. He tells you like it is in the book of law and does not appear manipulative. His communication skills helped me help him to form a best defensive arg...

Abraham A

Unhappy with my then representation, I went searching for a new lawyer. Andrew responded quickly and professionally to my enquiry. It was quickly apparent during the first meeting that Andrew was knowledgeable, honest and was committed to getting us the best possible outcome. Andrew looked at all avenues available to me in a Magistrates Court matter. He negotiated on my behalf with the prosecution, attended 3 court hearings and defended my ple...

Timothy R

After being charged with Common Assault of a minor I made a sensible decision not to use the local Kununurra law firm. I engaged Andrew Williams to assist me with resolving this matter (to the point of me being awarded costs). Despite being 4000km away I never had any issues with Andrew's commitment to my case. He promptly returned all calls and demanded I do likewise when important information needed to be exchanged. I found him to be an inte...

David C

Andrew Williams is a laywer of much dedication I will never have the words of gratitude and admiration for his honesty and integrity I would highly recommend him to anyone who may require his services in the future

...

Helen L

I just wanted to take my time to explain my experience with Andrew Williams. I had an incident that could have really affected my future. As anyone does I called around all the lawyers in Perth and just not any lawyer but the ones who are highly respected amongst other lawyers and get the results. I have a friend who works in the industry and she recommended Andrew. She said she always sees Andrew in the paper with amazing outcomes to cases th...

Phillip C

Go to top