Murder is the most serious offence in the Crimes Act 1958. The maximum penalty is life imprisonment. There are alternatives to Murder that incur lesser penalties and need to be explored depending on the merits of each case. These include defensive homicide and manslaughter.
Murder trials will always proceed in the Supreme Court of Victoria. Therefore it is important that you have the best murder trial Defence Barrister in Melbourne available to you.
I regularly appear in the Supreme Court and have years of experience in murder trial defence. This is important because the Crown is always well prepared with regard to any murder trial, so their preparedness must be counterbalanced by a competent barrister committed to achieving the best outcome for you.
If you are been investigated for an alleged murder or you have been taken into custody for questioning it is important to obtain the correct legal advice before the record of interview is conducted by the police. If you are yet to be interviewed it is crucial you contact me immediately on 0412 051 199.
Whether you or a member of your family is been investigated for any of these crimes,it is necessary to receive experienced advice. Call me today for professional, diligent and compassionate service on 0412 051 199.
This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.
If you look at what must be proved that is basically what the law is in relation to this charge.
There is then a lot of case law that explains this law in greater detail.
According to VIC Law for the charge of Murder:
The maximum penalty for a charge of murder is life imprisonment.
The charge of murder is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.
(a) The accused caused the death of another person by an intended act or omission.
(b) There was malice aforethought that preceded or co-existed with this act or omission.
(c) Malice aforethought is satisfied in a number of ways.
Firstly, it may be satisfied by an intention to cause the death of, or grievous bodily harm to, any person whether such person is killed or not.
Secondly, it may be satisfied by knowledge that the act which caused death would probably cause the death of, or grievous bodily harm to, some person, whether such person is actually killed or not.
Thirdly, it may be satisfied by an intent to commit any crime the necessary elements of which include violence and which may on first conviction be punished by life imprisonment or imprisonment for a term of 120 months or more, where the death is intentionally caused by an act of violence done in the course or furtherance of such a crime.
Lack of intent
Incitement to Murder