How is Murder Defined?
Murder can be broadly defined as the killing of a person by another who intended to kill or inflict grievous bodily harm (serious injury) to the deceased or acted or omitted to act with reckless indifference to human life. It can be committed in so many ways with so many variances that each case is different.
The firm handles a number of murder matters including conspiracy to murder and attempted murder cases from all over the State.
Notable successes include a murder matter being discharged at a committal hearing in the Local Court, and another matter discharged with full costs in the Local Court only to have the Director of Public Prosecutions file an ex-officio indictment. The case proceeded to trial in the Supreme Court as a jury trial and the verdict of not guilty was returned. The accused was originally represented by other lawyers and spent 7 months in gaol until we secured his release on bail during the committal hearing.
Murder cases require the highest scrutiny of available evidence – including DNA, fingerprints, voice recognition, identification, alibi, motive, telephone intercept material, listening device product, theories, hypotheses, forensic evidence, medical evidence, alleged confessions, alleged admissions and much more including defences available.
Not every person charged with murder will defend the charge. It might be the case that the accused wants to plead guilty and achieve the best result on sentence, or it might be the case that they want to explore a plea being accepted to a charge such as manslaughter due to the circumstances in which the death occurred.
The majority of persons charged with murder are remanded in custody. The bail laws are very strict, as one would expect them to be – however we provide proper advice based on available evidence and client circumstances as to whether prospects exist for a successful bail application.
Like all criminal matters, we travel throughout NSW for clients charged with murder, manslaugher or any other homicide related matter. We can also provide advice, where permitted, to family and friends of an accused so that they understand the legal process that occurs before the matter is finalized.