So many legal terms are casually used and interchanged that it is difficult to define many of these phrases. An example of this would be the terms murder and manslaughter. You may have heard both terms, but do you know the difference?
The Definitions of Murder and Manslaughter
Murder is defined as the deliberate killing of one human being by another. It is an act that is often deemed to be the most severe crime that one can commit.
Manslaughter is the unlawful unintentional killing of another human life. There are two classifications of manslaughter, voluntary and involuntary.
- Voluntary Manslaughter is killing with intent but without premeditation.
- Involuntary Manslaughter is causing a death unintentionally. Generally, this is the result of recklessness or criminal negligence.
1. What are the Key Differences Between Murder and Manslaughter?
1. The intention of the person who commits the crime is the foundational difference between the two types of homicide. When the intent of the accused is clearly to cause grievous bodily harm, murder charges are the norm. However, if the intent is absent (the death occurred in the heat of the moment or as a result of reckless behaviour), manslaughter is usually the charge.
2. The punishment for those convicted of these crimes varies considerably. For example, if you are convicted of a murder charge, you can receive a life sentence in prison. (Since the abolition of the death penalty in 1985, a life prison sentence is the most severe punishment in Australia.)
Because manslaughter has so many potential penalties, the merits of each case must be examined. Manslaughter penalties usually hinge on the circumstances surrounding the crime. For example, if you are drunk driving and hit someone with your car, killing them, you face a more significant sentence than if your car skidded on wet pavement and slid into someone causing deadly injuries.
A multitude of crimes fall under the heading of manslaughter, and the maximum sentence you can receive for manslaughter in Australia is 25 years in prison. However, the offence carries no minimum sentence. Potential penalties include:
- Shorter prison sentences
- Fines
- Bonds
- Suspended Sentences
2. How Can I Defend Myself if Charged with Murder?
Being the accused in a murder trial does not guarantee you will go to prison for the rest of your life. While the situation is terrifying and may feel overwhelming, your defence attorneys from WN Legal have extensive experience defending persons in similar murder and manslaughter charges. Additionally, we have a comprehensive understanding of Western Australian law. Additionally, there are several vital points you must remember:
- You are Innocent Until Proven Guilty in a Court of Law – Our judicial system operates outside of the court of public opinion, hearsay, and circumstantial evidence.
- The Prosecution Bears the Burden of Proof – Not only must the prosecution prove beyond a reasonable doubt that you committed the crime of which you are charged. As a way of proving your guilt, the prosecution must show:
- The accused caused the death of the victim
- The intent was to cause death or grievous bodily harm
- The law offers no authorisation, excuse, or justification for the death.
- Intent Carries Significant Weight in Murder Trials – For you to receive a murder conviction, proof of your intention to kill must accompany confirmation that you carried out the crime.
- Capacity to Kill – The prosecution must definitively show that the act you are accused of killed the victim. For example, did the victim suffer fatal injuries after your altercation? Did the victim have a potentially fatal medical condition that led to their demise rather than your actions?
If the prosecution cannot prove these, there is a strong likelihood that your charge may go from murder to manslaughter.
3. Are There Other Defences to Help Me?
Several circumstances can explain your conduct and reduce your sentence or invalidate the murder charges,
- Automatism (performing actions without conscious thought)
- Duress
- Mental Illness
- Self Defence
- You have an alibi at the time the offence was committed
If you or someone you know is arrested and charged with either murder or manslaughter, try to be calm. Western Australia does allow for your right to silence, and it is in your best interest if you do not offer any information beyond what is required. Required information includes your name, date of birth, and address. You should get in touch with WN Legal right away after your arrest. One of our legal experts will be there to assist you as soon as possible. Maintain a calm demeanour and do not act belligerently. You do not want to add to your charges.
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