At James Jackson Criminal Defence, we have the experience and ability to successfully defend you against a murder allegation. Murder is the most serious offence known to the law and can result in a life sentence being imposed. Our director is one of few practitioners who are listed on the Legal Aid WA panel of practitioners who are briefed to represent clients on murder cases.
Murder & Manslaughter
Murder involves the unlawful killing of a person with various intentions including an intention to kill.
Manslaughter is an unlawful killing without any intention.
Murder offences ordinarily receive a term of life imprisonment, with a minimum term to be served before being eligible for parole of at least 10 years’ imprisonment. If serving life, you may remain in prison well past your minimum term if you are not released to parole. Some murder offenders are never released. In rare cases, sentences other than life imprisonment can be imposed.
Penalties for manslaughter are usually lengthy terms of imprisonment.
Common defences include self-defence; lack of intention to kill; accident & insanity.
Attempted murder involves attempting to unlawfully kill another person. An attempt means doing something that is more than merely preparatory to the commission of the offence, but not actually committing the offence. For example, shooting a person intending to kill them but the person survives.
Defences are usually that there was no intention to kill the person.
The penalty is ordinarily a lengthy term of imprisonment.
Unlawful assault causing death
The offence of unlawful assault causing death is a comparatively new offence that was introduced because of “one-punch” cases of manslaughter where accused persons were being acquitted because of the accident defence. That is because they did not foresee, or it was not reasonably foreseeable, that a person would die from a single punch.
It is now an offence to assault someone who dies either as a direct, or indirect, result of the assault. This is so whether the death was foreseen or reasonably foreseeable. This negates the defence of accident where previously if a person did not foresee their single punch would cause a person’s death, they were not criminally responsible for the death.
Defences are self-defence and provocation.
The penalty is usually a lengthy term of imprisonment.
If you require a skilled and experienced practitioner to defend you against a murder allegation, don’t hesitate to contact James Jackson Criminal Defence today.