Written by: Braden Milburn
Murder and manslaughter are both offences that fall under the broad category of homicide. However, the legal distinction between these two offences determines both the charges and potential sentences of each one.
In this article, we will look at what Queensland law says about homicide, the difference between manslaughter and murder, as well as sentencing for these offences.
Homicide According to Queensland Law
Section 291 of the Criminal Code Act 1899 (Qld) states, “It is unlawful to kill any person unless such killing is authorised or justified or excused by law”.
Section 293 also states that “any person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that other person”.
Further at section 300, “an offender who commits an unlawful killing will be guilty of either murder or manslaughter, the exact offence being distinguished with careful consideration of the circumstances“.
In the section below, we will look at the main difference between murder and manslaughter.
What is Murder vs Manslaughter?
Murder and manslaughter differ based on a person’s intent, level of culpability and whether any defences apply.
Essentially, if the act is determined as preconceived, it could be considered murder. If the Court determines the act was not intentional, or a consequence of negligence, it could be classified as manslaughter.
Keep reading to learn how each of these offences are defined in Queensland.
Murder
Murder is defined under section 302 of the Criminal Code Act 1899 (Qld) the unlawful killing of another person and is generally sub-defined under the following features:
- Intent to kill
- Intent to cause grievous bodily harm
- Reckless indifference to human life
- Felony murder rule
Bail for Murder
Unlike less serious offences, a charge for murder reverses an individual’s statutory entitlement to bail placing them in a ‘show cause’ position.
Sentencing for Murder
In Queensland, a conviction for murder results in a mandatory life imprisonment sentence, with the non-parole period typically set at 20 years.
For particularly heinous cases, the non-parole period can be extended to 25 or even 30 years at the Court’s discretion and generally depending on the seriousness of the offence.
Manslaughter
Manslaughter is defined at section 303 of the Criminal Code Act 1899 (Qld) as an unlawful killing that does not meet the threshold of murder due to the absence of intent or a partial defence.
Manslaughter is generally categorised as either:
- Involuntary (where there was no intent to kill or cause grievous bodily harm)
- Voluntary (would be considered murder if not for applicable defences).
Bail for Manslaughter
While the presumption against bail is not as strict for manslaughter as it is for murder, it is still considered a very serious charge.
The Defendant must demonstrate that they do not pose a danger to the public if permitted to remain in the community.
Sentencing for Manslaughter
Sentences for manslaughter are highly variable and depend on the specific circumstances of the case.
Factors that can significantly influence the sentence are:
- Degree of negligence
- The presence of mitigating or aggravating circumstances
- Partial defences
While the maximum penalty for manslaughter is life imprisonment, judges have discretion to impose lesser sentences, including terms of imprisonment that reflect the context and culpability of the offender.
A Fair Outcome for Everyone
Both murder and manslaughter in Queensland are serious crimes with serious consequences.
The fundamental distinctions must be considered at the outset to ensure that each case achieves the fairest possible outcome. It is essential to work with a reputable criminal lawyer throughout this process.
If you would like more information on this topic, speak with one of our legal experts at Greenhalgh Pickard today.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
