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MURDER AND MANSLAUGHTER

OFFENCES QLD 

Attempted murder

The Law: Section 306 of the Criminal Code (Qld).

What does the Prosecution have to prove beyond reasonable doubt?

(1) The defendant attempted to unlawfully kill another person; or

(2) The defendant with the intent to unlawfully kill another person did any act, or omitted to do any act        which it was the defendant’s duty to do, such act or omission being of such a nature as to be likely        to endanger human life.

“Attempt” is defined in the Criminal Code as: 

When a person, intending to commit an offence, begins to put the person’s intention into execution by means adapted to its fulfilment, and manifests the person’s intention by some overt act, but does not fulfil the person’s intention to such an extent as to commit the offence, the person is said to attempt to commit the offence. 


 

Maximum penalty: Life imprisonment.

Manslaughter

The Law: Section 303 of the Criminal Code (Qld).

What does the Prosecution have to prove beyond reasonable doubt?

(1) A person is dead.

(2) The defendant unlawfully (i.e. it was not authorized, justified or excused at law).

(3) The defendant killed (i.e. caused the death directly or indirectly, by any means whatever ) the deceased.

(4) The circumstances do not constitute murder.

 

Maximum penalty: Life imprisonment.

Murder

The Law: Sections 302 and 305 of the Criminal Code (Qld).

What does the Prosecution have to prove beyond reasonable doubt?

(1) A person is dead.

(2) The defendant killed the person (i.e. caused the death); and

(3) The defendant did so with the intention of causing the death or with the intention of causing                  grievous bodily harm to the deceased.

Or 

(1) A person is dead.

(2) The death was caused by means of an act done by the defendant in the prosecution of an unlawful       purpose;

(3) and the act was of such a nature as to be likely to endanger human life.

Or 

(1) A person is dead.

(2) The defendant intended to do grievous bodily harm to some person;

(3) The grievous bodily harm was caused for the purpose of: –

(a) facilitating the commission of a crime that the defendant could be arrested without warrant; or

(b) facilitating the flight of an offender who has committed or attempted to commit a crime that the offender could be arrested without warrant.

Or 

(1) A person is dead.

(2) The defendant caused the death.

(3) The death was caused by the defendant administering any stupefying or overpowering thing for             either: –

(a) facilitating the commission of a crime that the defendant could be arrested without warrant; or

(b) facilitating the flight of an offender who has committed or attempted to commit a crime that the        offender could be arrested without warrant.

Or 

(1) A person is dead.

(2) The defendant caused the death.

(3) The death was caused by the defendant wilfully stopping the breath of the deceased person for the       purpose of causing the death or stopping the deceased from breathing. 


 

Maximum penalty: Life imprisonment.

What evidence does the police often rely upon? 

  • Witness statements.
  • Admissions made by an accused person during an interview with police.
  • DNA- saliva, hair, blood, nail scrapings.
  • Fingerprints. 
  • Footprints. 
  • Statements of co-offenders.
  • Photo boards.
  • Phone records.
  • Online chat services.
  • Mobile phone data downloads (known as cellebrite or lantern reports).
  • Search warrant.
  • Recording of the execution of a search warrant.
  • Objects- such as a weapon.
  • Covert recordings.
  • Photographs. 
  • Videos. 
  • Ballistics Report.
  • Medical records.
  • Autopsy report.
  • Toxicology report.

Call Us Now on (07) 3172 7100 and talk to one of our Brisbane Criminal Lawyers today. 

Queensland Law Society

 

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