Homicide and manslaughter are arguably two of the most serious charges you can face, with either requiring legal representation immediately. Charges of murder, culpable driving, manslaughter, defensive manslaughter or negligent manslaughter need skilled legal representation, with examination of evidence and witnesses being of critical importance. Vanessa Ash can defend you in these serious charges.
The legal definition of murder
Murder is defined as the unlawful and intentional killing of another human being by a person of sound mind, who has no legal reason to do so. The degree of blame therefore separate out charges of manslaughter and murder, with manslaughter having two degrees of blame: voluntary and involuntary. Murder can result in a life prison sentence, where manslaughter can result in 20 years in prison.
Murder (homicide)
In a murder, the prosecution must prove that the accused had the intention to kill, an intention to inflict grievous and serious bodily harm, or had a reckless indifference to human life. The accused must have been able to foresee that their actions – or indeed a failure to act – would result in the death of the victim.
Defensive homicide
Defensive homicide is an outdated law that no longer exists in Victoria, which was designed to protect battered women and mental impaired people who commit murder from the full brunt of murder charges, due to moral culpability being reduced. The law was set up in 2005, and retracted in 2014. There are calls to bring this law back, with Victoria and Tasmania the only states in Australia to not have a ‘halfway house’ law for the inbetweeners.
Constructive murder (homicide)
Constructive murder is also known as felony murder, and refers to the death that occurs while a person is committing another serious crime. A ‘serious crime’ in this instance refers to a crime that is punishable by 25 years or more in prison, like aggravated robbery. No consideration is given to the accused’s state of mind when they caused the death, so it doesn’t matter if they intended to kill or not.
Voluntary manslaughter
Voluntary manslaughter means the intentional killing that is found with mitigating factors. That is, a lack of premeditation, and the presence of provocation like rage, but other factors must apply. This may include someone who was in an argument, became enraged, and lashed out at the victim, killing them.
Involuntary manslaughter
Involuntary manslaughter involves an unlawful killing without intent, for example in a car accident caused by reckless driving or committing an illegal or dangerous act. The prosecution must prove that the death was caused by an illegal act or omission, an act of neglect, or a departure from the standard of care any reasonable person could expect, not occurring would cause serious injury or death.
Legal representation in murder or manslaughter cases
Your legal representation matters, and could meant the difference between your case being dismissed, shorter prison sentences, or a shift in the nature of the charges. Vanessa Ash is an experienced criminal lawyer who can defend you vigorously in court.
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