All You Need to Know About Murder Charges

What would you do if you are accused of a murder charge? In Australia, murder charges carry a maximum penalty of life imprisonment. Read the extract below to learn more about murder charges and how you can defend yourself. 

What Constitutes Murder? 

A murder occurs when you kill another human being without any concern to their humanity. It also happens when someone dies after you intentionally inflict bodily harm on them or when committing a crime such as a robbery.

Police will arrest you if they have sufficient reason to believe that you committed the crime. For instance, someone may have tipped the police or recorded a statement that you committed the crime. 

It is difficult to secure bail for a murder charge. However, an experienced and specialised solicitor may help convince the arresting officer or magistrate to grant you bail. 

Preparing for Trial

One of the most important aspects of a murder trial is gathering evidence. You must be truthful to your lawyer. Let him or her know all the facts about the case. For example, what was your relationship with the deceased? What were the circumstances that led to his or her death? If you did not commit the offence, he or she would need sufficient evidence to prove your innocence. Your lawyer can produce an alibi to the prosecution to prove that you were not at the scene of the crime. Once they verify this alibi, the magistrate will acquit you of the charge.

A pre-trial conference helps the defence and prosecution determine case facts and decide what evidence will be used in court. Your lawyer can ask the judge to dismiss the case if the prosecution did not follow due process when acquiring evidence.  

If the evidence is overwhelming, your solicitor may opt for a plea bargain. Typically, you will plead guilty, but you will have a lesser sentence.

How to Defend a Murder Charge

One of the best ways to defend a murder charge is asserting that you acted in self-defence. It happens if you had reasonable cause to believe that your life was under threat. For instance, when you kill a robber in your home. You could also argue out that you were under duress if you were forced to commit the murder. If you committed the crime due to mental illness, involuntary intoxication or body reflex, your solicitor will defend you on grounds of automatism. The prosecution bears the burden of proof. 

A murder charge is everyone's worst nightmare. However, an experienced solicitor can help prove your innocence or lessen the sentence it the crime was an accident. 

About Me

The Legal Aspect of Divorce

Splitting up with your partner can be a stressful time. While no one can take away the pain which a separation and divorce make cause, it is possible to help a person understand the law. That is the aim of this blog, to give you a better understanding of different aspects of the law as they relate to your divorce. The articles here will look at things such as child custody, prenup agreements, and how the court will deal with assets such as property and money. While we aren't legal experts ourselves, we hope that the well researched information here will help you during what could be a difficult time.



Latest Posts

2 October 2020
Managing a business requires you to have a good working knowledge of many aspects. You must understand your product or service thoroughly so that you

24 August 2020
Owning a canine is great, but it comes with a list of responsibilities. Taking care of a pet needs the same patience and persistence you would use if

4 August 2020
All parties involved in the conveyancing process have specific rights and responsibilities. As a buyer, it is your responsibility to find out if there