Canberra & the ACT · Homicide
Murder and manslaughter charges in the ACT.
Murder and manslaughter are the most serious offences in ACT law. They are strictly indictable, tried in the ACT Supreme Court, and cannot be heard by a judge alone. If you or someone close to you is facing a homicide charge, the first step is advice, and the second is silence until you have it.
- MurderLifes 12 Crimes Act 1900 (ACT)
- Manslaughter20 yearss 15 (aggravated 28)
- CourtSupreme CourtStrictly indictable; jury trial
- BailSpecial or exceptionalFor murder, s 9C Bail Act
The ACT offences.
The ACT definition of murder is broader than a pure intent to kill. It includes causing death while intending to cause serious harm, and causing death with reckless indifference to the probability of death. That third and first limbs matter, because a case that is not about an intention to kill can still be charged as murder.
Manslaughter covers unlawful killings that are not murder, including killings by an unlawful and dangerous act, or by criminal negligence, and killings reduced from murder where a partial defence applies. The line between murder and manslaughter is often the real battleground in a homicide matter.
Penalties and where the matter is heard.
Murder and manslaughter are strictly indictable. They start in the ACT Magistrates Court, pass through a committal, and are tried in the ACT Supreme Court. They are excluded offences under Schedule 2 of the Supreme Court Act 1933 (ACT), so they must be tried by a jury and cannot be heard by a judge alone.
Murder carries life imprisonment. Manslaughter carries 20 years, or 28 in an aggravated form. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the subjective case, the circumstances of the death and any partial defence all bear heavily on the outcome.
Defences and issues that decide these matters.
Intent and state of mind.
Murder turns on the accused's state of mind at the time. Whether the intent to kill, the intent to cause serious harm, or reckless indifference is proved is often the central question, and it can reduce murder to manslaughter.
Self-defence.
A killing in genuine self-defence is not unlawful. Where self-defence is raised on the evidence, the prosecution has to disprove it beyond reasonable doubt.
Causation and identity.
The prosecution must prove that the accused caused the death, and that it was the accused. Medical causation and identification are frequently contested in homicide trials.
How a homicide matter is run.
A homicide brief is large and technical: pathology, scene and forensic evidence, telecommunications data, and witness accounts. The work is to read all of it, test causation and intent, and decide the defence. Bail for murder falls in the special or exceptional circumstances category under s 9C of the Bail Act 1992 (ACT), so any bail application is prepared with care. Senior counsel is briefed where the matter calls for it.
Frequently asked.
Is murder tried by a jury in the ACT?
Yes. Murder and manslaughter are excluded offences under Schedule 2 of the Supreme Court Act 1933 (ACT). They must be tried by a jury in the ACT Supreme Court and cannot be heard by a judge alone.
What is the maximum penalty for murder in the ACT?
Life imprisonment under s 12 of the Crimes Act 1900 (ACT). Manslaughter under s 15 carries 20 years, or 28 in an aggravated form.
What is the difference between murder and manslaughter?
Murder requires an intent to kill, an intent to cause serious harm, or reckless indifference to the probability of death. Manslaughter is an unlawful killing that is not murder, including killing by an unlawful and dangerous act or by criminal negligence.
Can I get bail on a murder charge in the ACT?
It is difficult. Murder falls in the special or exceptional circumstances category under s 9C of the Bail Act 1992 (ACT), so bail must be refused unless those circumstances are shown. A bail application needs careful preparation and evidence.
Charged with a homicide offence in the ACT?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019