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Your options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You committed an act or omission causing death with intent to kill or inflict grievous bodily harm; or
  2. You committed an act or omission causing death with reckless indifference to human life; or
  3. The death occurred during you committing an offence which is punishable for life or 25 years.

If any of the individual elements of Murder cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

Further, a person’s culpability will be reduced to manslaughter where the act is a voluntary act sufficient to constitute murder but a defence to murder is established such as excessive self-defence, intoxication, substantial abnormality of the mind or provocation.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

The offence of Murder carries a maximum penalty of life imprisonment in the Supreme Court. Murder is an extremely serious offence. We advise that you contact one of our solicitors immediately if you are charged with this offence.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was alleged to be involved in the murder of a young man following an altercation between two groups of cinemagoers. It was alleged our client, together with another young man attended the cinema with the intention of murdering the victim. It was alleged that we carried an SKS assault rifle and upon entering the foyer of the cinema shot the victim causing fatal injuries.

Following our client being granted bail before Liverpool Local Court, we set our sights on beating the murder charge, and keeping our client out of gaol.

Our client was accused of Murder, allegedly being committed in a joint criminal enterprise, which is he acted in concert with the shooter with the common purpose, or shared intention of shooting the victim.

The case was listed for trial at the New South Wales Supreme Court. We made strong submissions to the DPP that they could not prove our client shared a common purpose with the shooter. In response, the DPP offered our client plead guilty to a lesser charge of “conceal serious indictable offence.”

Ultimately, our client was sentenced and received a section 9 good behaviour bond, avoiding many years in jail.

His co-accused ultimately received a jail sentence of 20 years imprisonment. Through negotiations with the DPP we achieved the best result for our client.