About Murder
Learn more about murder charges in WA.
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- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
Murder
Criminal code offence
Section 279 (1)
"If a person unlawfully kills another person and –
- the person intends to cause the death of the person killed or another person; or
- the person intends to cause bodily injury of such a nature as to endanger, or be likely to endanger, the life of the person killed or another person; or
- the death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;
The person is guilty of murder."
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - An act is unlawful unless it is authorised, justified or excused by law such as an act that occurs in self-defence or by a lawful authority in the course of their employment.
- ‘Kills’ - A person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that person. Killing a person is unlawful unless it is authorised, justified or excused by law.
- ‘Intends to cause’ - Means that the accused person actually had the intention to cause the death of the deceased or someone else..
- ‘Intends to cause bodily injury’ - Means that the accused person actually had the intention to cause bodily injury to the deceased or another person.
- ‘Bodily injury’ - Means physical injury, or a physical harm likely to cause pain or discomfort.
- ‘Such a nature as to endanger’ - Means that it is reasonably foreseeable by an ordinary person that the injury would be life-threatening.
- ‘Likely to endanger human life’ - A bodily injury that is likely to endanger life is an injury that has a substantial or real chance of being life-threatening, but not an injury that merely has the possibility of being life-threatening.
- ‘In the prosecution of unlawful purpose’ - Means something done with the intention or purpose of committing an illegal or criminal act, e.g. assault, burglary, or dangerous driving.
- ‘Likely to endanger human life’ - An act that is likely to endanger life is an act that has a substantial or real chance of endangering human life, but not an act that merely has the possibility of endangering a human life.
What the Police & Prosecution must prove in court to secure a murder criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the Office of the Director for Public Prosecutions (ODPP). They are State lawyers, not Police Officers.
- This type of offence is called an indictable offence. This means that it is a serious offence that must be dealt with by a Judge and not a Magistrate (unless the matter is heard in the Children’s Court and the accused person was under the age of 18 at the time of the alleged offending).
- The ODPP must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- The Prosecution needs to prove that the accused person caused the death of the deceased person, either directly or indirectly.
- The Prosecution may need to prove that the accused person intended to cause the death of the deceased person, or another person.
- If the Prosecution cannot prove that the accused person intended to cause the death of a person, the Prosecution may try to prove that the accused person intended to cause bodily injury to the deceased or another person. The Prosecution also need to show that the bodily injury intended either was life-threatening, or that a reasonable person would know that the bodily injury is likely to be life-threatening.
- Otherwise, the Prosecution will need to show the accused person committed an act that was likely to be life-threatening, and that act was done for the purpose of committing a crime.
How they might prove this
- The Prosecution might prove the offence with the use of police and witness statements, CCTV footage and photographs.
- Documentary evidence may be used, this can include copies of written communication such as online or SMS conversations.
- Phone records or intercepts may be used.
- Psychological reports may be relied upon.
- Witness evidence can be used, including identification evidence.
- The prosecution may also rely on forensic evidence such as DNA and fingerprint evidence, as well as medical evidence and autopsy reports.
- The Prosecution may rely on physical evidence, such as a weapon or items found at the scene of the crime.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Self-defence
It is a partial defence to murder if the act that caused the death of the deceased person was done in self-defence. This means that the act was done by the accused person because they reasonably believed it was necessary to defend them or another from a harmful act, and the act was a reasonable response in the circumstances. If the act was done in self-defence then the accused person will be found guilty of manslaughter.
Did not cause the death
It is a defence to murder to show that the accused person did not cause the death of the deceased person.
Home invasion
It is a defence to show that the deceased person was a home invader, and that the accused person believed that the home invader was using violence, likely to use violence, or threatening to use violence to a person during the home invasion.
Insanity
Insanity is a defence only in very rare circumstances. The usual process when a person indicates a defence of insanity is an assessment of their state and admission into psychiatric/mental health facilities for an indeterminable amount of time.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
A person, other than a child, who is guilty of murder must be sentenced to life imprisonment unless the sentence would be clearly unjust given the circumstances, or the person is unlikely to a threat to the safety of the community when released.
If the life imprisonment is found to clearly unjust for the above reasons, then the maximum penalty is imprisonment for up to 20 years.
If the offence is committed in the course of an aggravated home burglary, by an adult offender, the term of imprisonment imposed will be at least 15 years before being eligible for parole.
In other circumstances a term of life imprisonment will be either a sentence of at least 10 years imprisonment before being eligible parole; or an order that the offender should never be released.
In accordance with the Sentencing Act (WA) the presiding Judge may sentence an offender to any of the sentencing options available under the Act.
Immediate Imprisonment is the sentence of last resort and will only be imposed when the seriousness and circumstances of the offence require it.
This type of offence is seen as highly serious in nature and is usually dealt with by a term of immediate imprisonment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
The Law
Murder
Criminal code offence
Section 279 (1)
"If a person unlawfully kills another person and –
- the person intends to cause the death of the person killed or another person; or
- the person intends to cause bodily injury of such a nature as to endanger, or be likely to endanger, the life of the person killed or another person; or
- the death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - An act is unlawful unless it is authorised, justified or excused by law such as an act that occurs in self-defence or by a lawful authority in the course of their employment.
- ‘Kills’ - A person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that person. Killing a person is unlawful unless it is authorised, justified or excused by law.
What the Police & Prosecution must prove in court to secure a murder criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the Office of the Director for Public Prosecutions (ODPP). They are State lawyers, not Police Officers.
- This type of offence is called an indictable offence. This means that it is a serious offence that must be dealt with by a Judge and not a Magistrate (unless the matter is heard in the Children’s Court and the accused person was under the age of 18 at the time of the alleged offending).
- The ODPP must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- The Prosecution needs to prove that the accused person caused the death of the deceased person, either directly or indirectly.
How they might prove this
- The Prosecution might prove the offence with the use of police and witness statements, CCTV footage and photographs.
- Documentary evidence may be used, this can include copies of written communication such as online or SMS conversations.
- Phone records or intercepts may be used.
- Psychological reports may be relied upon.
- Witness evidence can be used, including identification evidence.
- The prosecution may also rely on forensic evidence such as DNA and fingerprint evidence, as well as medical evidence and autopsy reports.
- The Prosecution may rely on physical evidence, such as a weapon or items found at the scene of the crime.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Self-defence
It is a defence to murder if the act that caused the death of the deceased person was done in self-defence. This means that the act was done by the accused person because they reasonably believed it was necessary to defend them or another from a harmful act, and the act was a reasonable response in the circumstances.
Did not cause the death
It is a defence to murder to show that the accused person did not cause the death of the deceased person.
Actions not grossly negligent
As murder can occur from an act of gross negligence which causes death, a defence to this would be in showing that the accused was not grossly negligent.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
The maximum penalty for Manslaughter is life imprisonment
If the offence is committed by an adult offender in the course of conduct that constitutes and aggravated home burglary, the court must impose a term of imprisonment of at least 15 years.
In accordance with the Sentencing Act (WA) the presiding Judge (or Magistrate in the Children’s Court) may sentence an offender to any of the sentencing options available under the Act.
Immediate Imprisonment is the sentence of last resort and will only be imposed when the seriousness and circumstances of the offence require it.
This type of offence is seen as highly serious in nature and is usually dealt with by a term of immediate imprisonment.
If the offence is committed by a juvenile offender in the course of conduct that constitutes an aggravated home burglary, the court must impose a minimum term of imprisonment of at least 3 years; or a term of detention of at least 3 years.
Not Guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges Dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious criminal offences.
- Past Cases
- Good Results
- Happy Clients
