What is homicide?

Homicide is the killing of a human being by another.

When is homicide culpable?

Homicide is culpable when it is caused

• By an act intended to cause death or bodily harm, or which is commonly known to be likely to cause death or bodily harm, and which is not justified under the Code, or
• By an ommission amounting to culpable negligence to perform a duty tending to the preservation of human life, although there may be no intention to cause death or bodily harm, or
• By any unlawful act

Culpable homicide is murder if it is committed:

1. With an intention to cause the death of any person, whether of the person killed or not
2. With the intention to cause to any person, whether the person killed or not, bodily harm which the offender knew to be likely to cause death in the circumstances, although he had no wish to cause death
3. By means of any unlawful act or omission which the offender knew, or ought to have known, to be likely to cause death in the circumstances, although he had no wish to cause death or bodily harm to any person
4. With the intention to inflict grievous bodily harm for the purposes of facilitating the commission of some prescribed crimes (including escaping from custody, resisting arrest, rape and others) or the flight of the offender upon the commission of one of the prescribed crimes
5. By administering any stupefying thing for the purposes mentioned in paragraph 4, or
6. By wilfully stopping the breath of any person by any means for the purposes mentioned in paragraph 4

Culpable homicide not amounting to murder is manslaughter.

What penalties apply for murder and manslaughter?

Murder is widely considered to be the most serious crime that can be committed. Lengthy terms of imprisonment apply and in Tasmania a person can be sentenced to life imprisonment. Manslaughter is also extremely serious and punishable by lengthy terms of imprisonment. It is extremely important to get expert legal advice if you or someone you know is charged with one of these crimes.

My services

I can represent people charged with murder and manslaughter before and after they are committed to the Supreme Court. This can include preparing for and appearing at a preliminary proceedings hearing where witnesses can be examined before trial and appearing at the trial. Preparing for a trial of this type is a major undertaking and needs to be handled with diligence and with a forensic approach to the details of the case. Get in touch if you would like to discuss a case like this and about my costs.

My experience

I have defended a number of people charged with murder and attempted murder and I have successfully defended at trial a client charged with two counts of murder. These types of cases are always complex and defending them is takes skill, dedication and criminal law expertise.

Is Legal Aid available for murder or manslaughter?

Yes. These always carry a very real risk of actual imprisonment and are eligible for legal aid. I take on Legal Aid cases and can apply for aid and represent you from start to finish. Read more about Legal Aid funding here.