Murder and manslaughter are two of the most severe offences in Victoria. These offences are strictly indictable and carry the maximum penalty in the state. Because of how serious these offences are, they are usually heard in the Supreme Court and can take months or even years to reach a final verdict.
While murder and manslaughter have to do with causing another person’s death, both offences are very different. These differences can determine the nature of the trial for each crime.
Murder in Victoria
The state of Victoria legislates murder and manslaughter offences in the Crimes Act 1958 (Vic).
In Victoria, murder is a common-law offence that refers to when a person unlawfully kills another individual. Generally, common laws, also known as case law, are rules and regulations that the court develops. As such, it is usually a result of handling several previous similar cases.
Nonetheless, these case laws are not rigid, with no possibility for change. Therefore, the court can subsequently build on them.
Elements of a Murder Charge
There are certain elements or factors that the prosecution must establish in a murder case. These elements are the basis upon which they can build a strong case of murder. Failure or inability to prove these elements could result in the acquittal of the accused.
These elements include proving that:
- The accused person had the intention of causing death or serious bodily injuries.
- The accused willfully took certain actions to cause the victim’s death. They must have also carried out these actions knowing fully well that it could result in death or bodily injury.
- The accused has no legal justification for their actions.
A court could still find a person guilty of murder even when their action was not the sole cause of the victim’s death. However, the action of the accused must have significantly contributed to the victim’s death.
Additionally, for the accused to be charged with murder, the Act must be voluntary. This means that the person had complete control of their actions and was not influenced by any substances like drugs or alcohol.
Furthermore, a person can still be guilty of murder if they intentionally carried out an act likely to endanger the lives of others, even when their sole intention was not to cause any form of harm. This means that the accused was willing to risk the safety of others when they carried out the Act. Such cases are referred to as reckless murder.
Penalties for Murder in Victoria
The facts and circumstances surrounding each murder case differ. As such, the penalties for each are not exactly uniform. However, in section 3 of the Crimes Act 1958 (Vic), the legislation gives a standard punishment for murder. It states that:
- Anybody found guilty of murder is liable of facing level 1 imprisonment. This means life imprisonment or imprisonment for any number of years as the court sees fit.
- Anybody convicted of murder faces a minimum of 25 years imprisonment. In a situation where the victim is a custodial officer or an emergency worker on duty, the accused may serve a minimum of 30 years imprisonment. For the 30 years imprisonment to stand, the accused must have known or should have known that the victim was a custodial officer or an emergency worker.
Onus of Proof
In the state of Victoria, the burden of proof typically falls on the prosecution. The prosecution has to prove beyond all reasonable doubts that the accused is guilty of the crime of murder. This may involve disproving any defence that the accused might raise in the course of the hearing.
However, this burden of proof can also shift to the accused. This shift happens when the prosecution has succeeded in proving the crime beyond a reasonable doubt. When that happens, the accused will have the burden of proving their innocence.
Manslaughter Charges in Victoria
Manslaughter can generally be divided into two main types – voluntary and involuntary manslaughter. Voluntary manslaughter is a common-law offence that refers to a situation where a person intentionally carries out the Act of killing another individual under mitigating factors. For example, these mitigating factors could involve the absence of premeditation, provocation resulting in anger or rage, and the likes.
The court can only convict a person of voluntary murder if the prosecution can prove certain elements beyond all reasonable doubt. These elements include establishing that:
- The actions of the accused person led to the death of the victim
- The accused consciously carried out the Act of murder
- The accused’s actions are legally unjustifiable
- The accused acted dangerously
It is essential to note that even though voluntary manslaughter is similar to murder, there is a key difference between the two. While murder is premeditated, voluntary manslaughter is less premeditated.
In the case of involuntary manslaughter, it is an unlawful killing devoid of intent. Consequently, this refers to when a person causes the death of others as a result of negligence or carelessness.
An example of involuntary manslaughter is a driver whose reckless driving resulted in the death of a passenger. There are some elements that the prosecution needs to strongly prove in convincing the court that the accused committed the Act of involuntary manslaughter.
These elements are:
- The accused owed the victim a certain level of care.
- Second, the accused breached their duty of care through negligence or recklessness.
- Third, the accused voluntarily breached their duty.
- Their actions led to the death of the victim.
Involuntary manslaughter is different from voluntary manslaughter and murder in the sense that involuntary manslaughter completely lacks the intent to kill or cause any form of injury.
Additionally, it is noteworthy that the duty of care depends on the nature of the event. As such, there are cases where the accused might not owe the victim a duty of care.
Defences to a Manslaughter Charge
There are different defences to the charges of murder and manslaughter. For this reason, it is crucial for any person accused of any of these crimes to find an experienced lawyer for advice and legal representation.
