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Expert Criminal Defence For Murder & Manslaughter
Murder, manslaughter, and attempted murder are the most serious charges which can be prosecuted against an individual. In Queensland, offenders found guilty of any of these offences can be sentenced to life imprisonment.
What is The Difference Between Murder and Manslaughter
The difference between murder and manslaughter is the element of intent. It must be proved that the defendant intended to kill the victim or to cause grievous bodily harm and therefore is guilty of murder.
At Anderson Telford Lawyers, our criminal lawyers represent clients in murder and manslaughter cases in Townsville and Mount Isa. For more information on our criminal defence services, get in touch with us today. Contact us online or call us on 07 4721 5870 or on our 24-hour line 0418 762 728.
Murder
Section 302 of the Queensland Criminal Code stipulates murder as an event where a person unlawfully kills one or more persons in these circumstances:
- If the person intended to kill or do grievous bodily harm to the victim.
- If death is the consequence of performing an act that could put human life in danger. An example is putting a dangerous substance in someone’s drink.
- If an individual prevented another person from breathing and it led to their death.
- If the offender caused bodily harm to the victim in the commission of a crime or when attempting to flee the crime scene.
Although murder usually involves an intention of hurting or killing the victim, you could still be facing a charge even if there was no intent. If death was an outcome that could be reasonably foreseen, a charge could still be laid.
The Supreme Court is the jurisdiction which tries murder charges and the mandatory penalty is life in prison.
Manslaughter
If you are a direct participant in an incident that resulted in the death of another person and you directly caused their death but without intending to do so, you could be charged with manslaughter.
Some typical examples of manslaughter include:
An assault on another person that results in their death, although you did not intend that outcome. For example, you might punch and knock the person to the ground, and they might hit their head on the pathway, which causes death.
The critical thing to remember is that the manslaughter charge often means there were no indications that would point to murder, as there was not any proof of an intention to kill.
How Can ATL Help?
Since murder and manslaughter charges are extremely serious, it is vital to contact ATL immediately. The 24/7 Crime Line 0418 762 728 available to our clients facilitates this outcome.
If you are being held in a police station, use your right to a phone call to contact the ATL team. They will focus on the analysis of all details of your case to identify the best possible defence, which could include arguing the death was in self-defence.
Frequently Asked Questions
What distinguishes murder from manslaughter charges?
Murder charges are applied in cases where there is intent to kill or cause serious harm that results in death, usually with some level of premeditation. In contrast, manslaughter charges are typically brought in situations where the death was unintended. Manslaughter may be classified as voluntary, such as in the heat of passion situation, or involuntary, where death results from irresponsible or reckless behaviour.
What defences might apply to a manslaughter charge?
Defence strategies for manslaughter often depend on the specifics of the case. Still, they might include proving that the act was committed in self-defence, an accident without gross negligence, or that diminished capacity prevented the accused from fully understanding their actions. Other potential defences can include mistaken identity or proving that the accused's actions did not cause the death.
How do Anderson Telford Lawyers approach manslaughter cases?
Our lawyers typically start by gathering all pertinent details and evidence to assess the case thoroughly. This process can include reviewing police reports, medical examiner findings, and witness statements. We might also engage various strategies to challenge the prosecution's evidence and provide an independent analysis of the circumstances surrounding the case.
What steps should one take if accused of manslaughter?
It is crucial to not make any statements or decisions without legal counsel. Contacting a manslaughter lawyer immediately can help protect the individual's rights during police interviews and legal proceedings. A lawyer will also guide the accused in managing communications with law enforcement and developing a defence strategy.
What is the typical duration of a manslaughter trial?
Manslaughter trials can vary significantly in duration based on several factors, including the complexity of the case, legal challenges, and the amount of evidence. Preliminary proceedings, jury selection, and the trial can extend from a few months to over a year, especially if delays or appeals occur.
