Maximum Penalty for Murder in Melbourne – How Serious is This Charge?
Murder has a maximum penalty of life imprisonment. This may be imposed if the circumstances surrounding the alleged murder are seen to be extreme. It must be noted that all murder convictions after 1 May 2011 can no longer result in a suspended sentence. This charge is considered a top scale common law offence and this is clearly shown by the Court that has jurisdiction over the charge: the Supreme Court. The seriousness of this offence also indicates that any findings of guilt are likely to result in a prison term.
Pleading guilty or not guilty to Murder in a Melbourne Court
You should discuss a Murder case with a criminal defence solicitor. Incorrectly deciding to plead guilty or not guilty to a charge of Murder can have very severe consequences. Ask a lawyer how you can best be defended in Court and know the best options available for your circumstances.
Elements of the charge of Murder in a Melbourne Court
The defendant must have caused the death of another person by an intended act or omission. This intended act or omission must have been preceded by malice aforethought, or that such malice aforethought coexisted with the intended act or omission. The malice aforethought may be satisfied in various ways. It could be that there was an intention to cause the death of, or grievous bodily harm to, any person whether such person was killed or not. The defendant may have also had the knowledge that the act which caused the death would probably cause the death of, or grievous bodily harm to, some person whether such person is actually killed or not. Finally, the defendant may have had the intent to commit any crime that has elements of violence, where the death was intentionally caused through an act of violence.
Defending the charge of Murder in a Melbourne Court
Defences that are often run in relation to this charge include factual and identification disputes, self defence, and lack of intent. It is also a qualified defence if the defendant was mentally impaired at the time of the offence.
For more information on Murder, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).
Doogue O’Brien George Melbourne can provide you more details about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sep. 18, 2013 and relates to the law that stands at this time.