If you or a family member has been charged with murder or manslaughter, early legal representation is important. ED Legal represents people facing serious homicide allegations in Sydney and across NSW, from the investigation stage through court proceedings.
These matters can involve urgent decisions about police interviews, custody, bail, forensic evidence and the way the allegation is framed. You do not need to understand the legal terminology before contacting us. Tell us what has happened, whether the person is in custody and any court date you have been given.
Speak with us before deciding whether to take part in a police interview.
Keep any Court Attendance Notice, bail documents and police paperwork together.
Preserve relevant messages, photographs, footage and other material in its original form.
Tell us about possible witnesses, forensic issues or other evidence that may be relevant to what occurred.
If the person is in custody, let us know where they are being held so we can discuss the immediate next steps.
We can review the allegation, the brief of evidence and your instructions, then explain what the prosecution would need to prove and what issues arise in your case.
Assess the prosecution case and whether the conduct alleged satisfies the statutory elements of the offence charged.
Review witness accounts, forensic material, medical evidence, electronic communications, footage and other evidence relevant to the allegation.
Advise you before a police interview and on the immediate decisions that need to be made.
Consider any available defence, partial defence or issue affecting the charge and how the case should be approached.
Prepare the case and represent you through the court process, whether the allegation is contested or the matter proceeds by way of a guilty plea.
If police want to interview you about a death, get legal advice before deciding whether to participate. We can explain your options, what the interview may involve and how the decision fits into the broader defence strategy. Keep any court, bail and police paperwork available and tell us about any urgent custody or court issue.
Murder is defined by section 18 of the Crimes Act 1900 (NSW). The prosecution must prove that the accused caused the death and that one of the forms of criminal responsibility specified by the section applies.
One basis is an intention to kill.
Another is an intention to inflict grievous bodily harm.
Murder may also be alleged on the basis of reckless indifference to human life.
Section 18 also covers a death caused in connection with the commission or attempted commission of certain very serious offences. Murder carries a maximum penalty of life imprisonment.
Manslaughter covers punishable homicide that is not murder. The precise legal basis matters because manslaughter can arise in different ways.
Unlawful and dangerous act manslaughter can arise where an intentional unlawful act causes death and the act carried the required objective risk of serious injury.
Manslaughter by criminal negligence can arise where a death results from negligence of the very serious kind required by the criminal law.
A person who would otherwise be guilty of murder may also be convicted of manslaughter where a recognised partial defence applies, including excessive self-defence, extreme provocation or substantial impairment in the circumstances prescribed by law. Manslaughter carries a maximum penalty of 25 years' imprisonment.
Being charged does not mean the allegation has been proved. The prosecution must prove the offence beyond reasonable doubt, and the issues that matter will depend on the particular charge and evidence.
The case may involve disputes about who caused the death, what act or omission occurred, causation, identification or the reliability of witnesses and forensic evidence.
For murder, the prosecution must also establish the state of mind or other basis of liability required by section 18. The evidence may not support the particular allegation made.
If self-defence is raised by you or the evidence, we can assess how it applies to the circumstances and whether the prosecution can exclude it beyond reasonable doubt.
Other defences or evidentiary issues may arise depending on the facts. We focus on the issues actually supported by the evidence rather than assuming one defence applies to every case.
In an appropriate case, excessive self-defence, extreme provocation or substantial impairment because of a mental health impairment or cognitive impairment may reduce murder to manslaughter.
These are technical, evidence-dependent issues with specific legal requirements. We can assess whether any partial defence is genuinely raised and how it affects the charge and trial strategy.
Get advice before entering a plea. If you dispute the charge, we can analyse the prosecution case and prepare the defence. Where appropriate, representations may be made about the charge or the factual basis of the case. If a guilty plea is being considered, it remains important to understand the charge, the facts to be placed before the court and the sentencing consequences.
When you contact us, tell us the charge or allegation, whether the person is in custody and, if known, the court and next court date. Have any Court Attendance Notice, bail paperwork or police documents available. Before sending detailed evidence or confidential material, ask us how to provide it securely.
Tell us about your matter and we'll be in touch shortly.
Phone
0416 849 997
ali@edlegal.com.au
Office
Suite D.1, Level 2, 145 Great North Road, Five Dock NSW 2046
Hours
Available 24/7
100% Confidential
All inquiries are treated with the strictest confidence and protected by legal privilege.
