Murder & Manslaughter Charges
Ipswich and Brisbane Lawyers.
Legal Support With Murder & Manslaughter Charges
Facing a murder or manslaughter charge in Queensland is a daunting experience, knowing it’s some of the most severe offences under the state’s law. This overwhelming circumstance demands not just legal expertise but also a deep sense of empathy and support, which is why choosing the right legal representation is crucial in navigating this challenging and life-altering path.
Our seasoned team of senior barristers and lawyers brings a wealth of experience in murder and manslaughter cases, combining deep legal knowledge with an empathetic understanding of the personal toll these charges take on individuals and their families. We are committed to offering both robust legal strategies and compassionate guidance, ensuring our clients receive comprehensive support during these trying times.
Legal Support With Murder & Manslaughter Charges
Facing a murder or manslaughter charge in Queensland is a daunting experience, knowing it’s some of the most severe offences under the state’s law. This overwhelming circumstance demands not just legal expertise but also a deep sense of empathy and support, which is why choosing the right legal representation is crucial in navigating this challenging and life-altering path.
Our seasoned team of senior barristers and lawyers brings a wealth of experience in murder and manslaughter cases, combining deep legal knowledge with an empathetic understanding of the personal toll these charges take on individuals and their families. We are committed to offering both robust legal strategies and compassionate guidance, ensuring our clients receive comprehensive support during these trying times.
Murder Related Offences In Queensland
At Hodgson Lawyers, we understand that the laws around unlawful killing can be complex, so let’s break them down in simpler terms:
Unlawful Killing
In Queensland, it’s illegal to kill someone unless it’s allowed by law. This means causing someone’s death directly or indirectly by any means (Section 291 and 293). For someone to be guilty, their actions must have significantly contributed to the death. For example, if someone jumps from a window to escape violence and dies, the person causing the violence could be responsible for the death.
Murder
Murder is when someone unlawfully kills another person and intends to kill or seriously harm them or someone else (Section 302). It can also include killing someone while doing something dangerous and illegal, or to help commit another crime or escape after committing a crime. The law says that if you intended to kill or seriously harm, that counts as murder. If found guilty of murder, a person can be sentenced to life in prison or even an indefinite sentence (Section 305).
Manslaughter
Manslaughter in Queensland is defined as causing someone’s death without the intention to kill, often seen in situations like a physical altercation that unintentionally leads to death. While it can result in a life sentence, the court has discretion in sentencing, allowing for lesser penalties. Additionally, since 2017, industrial manslaughter laws under various safety acts hold businesses and senior officers accountable for negligently causing a worker’s death, with penalties reaching up to 20 years’ imprisonment for individuals or a $10 million fine for corporations.
Attempt to Murder
Trying to kill someone but not succeeding is also a serious crime, called attempted murder, and can lead to a life sentence (Section 306).
Aiding Suicide
Helping someone to take their own life is illegal and can also result in a life sentence (Section 311).
Partial Defenses
These partial defenses don’t excuse the act of killing, but they do recognise that sometimes there are mitigating circumstances that make the crime less severe than a typical case of murder. At Hodgson Lawyers, we understand the nuances of these defenses and how they might apply in different situations. Our experienced team is dedicated to ensuring that our clients’ stories are heard and that all relevant defenses are thoroughly explored in their case.
1. Provocation (Section 304): This defense applies when a person commits murder in a sudden and intense reaction to provocation. Provocation means something that would cause an ordinary person to lose self-control. For example, if someone is suddenly attacked or insulted in a severe way, and they react immediately by attacking back and accidentally cause a death, this might be considered provocation. In such cases, if the defense is accepted, the charge can be reduced from murder to manslaughter. It’s important to note that the reaction must happen right after the provocation; there can’t be a time gap where the person had time to cool down.
2. Diminished Responsibility (Section 304A): This defense is about the mental state of the accused at the time of the crime. If a person was suffering from an abnormality of mind, significantly impairing their ability to understand what they were doing, control their actions, or know that they should not do the act, this can be used as a defense. This might apply in cases where the person has a severe mental illness or a brain injury that affects their judgment or self-control. If this defense is proven, the charge may be reduced from murder to manslaughter.
3. Killing in an Abusive Domestic Relationship (Section 304B): This defense is specifically for cases where the person who committed the killing was a victim of serious domestic violence by the deceased. If the accused believed their action was necessary to protect their own life from their abuser, this defense might apply. The law recognises the impact of sustained abuse and the extreme situations it can create. This defense acknowledges that sometimes, in these situations, people might react in ways they wouldn’t normally, due to the fear and stress caused by the abuse.
“We will tell you what you need to know which may not be what you want to hear but it will put you on the best path to achieve your aims.”
John O’Byrne, Principal Solicitor.
Murder
Manslaughter
Attempt to Murder
Aiding Suicide
Unlawful Killing
Bails & Appeals
What You Can Expect From Us:
Honesty & Trust
We pride ourselves on being an ethical law firm. We take our position of trust very seriously in regards to your situation.
We understand your position and you can trust us to lead your legal journey to get you the best result possible.
Easy to Understand
We understand how confusing the legal system can be.
Therefore, we ensure you understand your position, what is required and the path forward in each step through your legal journey.
Professional Guidance
With over 20 years experience in the Queensland legal system, there is no case we have not worked on.
Rest assured that whatever you are going through, we have the experience and knowledge to professionally help you.
Personalised For You
Our team work hard and value creating an ongoing relationship with you through regular meetings and exceeding your needs. We value a positive experience for you right through the process and delivering your result.