Charges such as murder and manslaughter are the most serious crimes in our criminal jurisdiction, and are therefore dealt with in the Supreme Court of Western Australia.
If you or someone you know is facing a murder or manslaughter charge, your first step should be to contact Dr. Clint Hampson, who has a unique set of legal, forensic and criminal investigation skills and who is experienced in these types of serious matters. Dr Hampson has worked on many high-profile cases including SOWA v Lloyd RAYNEY and SOWA v Scott AUSTIC.
Getting it right the first time is essential. Do not wait until you have been convicted before you start making your own enquiries about the right people to represent you. Our team of lawyers at Legal Pathways are experienced in running homicide matters. They have expertise in law, forensic science, and investigations. We have access to the absolute best experts in all forensic disciplines and will ensure no stone is left unturned in your defence.
We understand this is a stressful time. Trust us to steer you through the process. Whatever the allegation, our team’s focus is on using our experience and knowledge to deliver a skilled, meticulous and comprehensive defence in your matter.
Intent plays a large part in determining whether a death will be perceived by the law as murder or manslaughter.
The Criminal Code Compilation Act 1913 states that if a person unlawfully kills another person, and—
- the person intends to cause the death of the person killed or another person; or
- the person intends to cause a bodily injury of such a nature as to endanger, or be likely to endanger, the life of the person killed or another person; or
- the death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life,
the person is guilty of murder.
The Criminal Code Compilation Act 1913 distinguishes manslaughter from murder.
Manslaughter is: “if a person unlawfully kills another person under such circumstances as to not constitute murder, the person is guilty of manslaughter and is liable to imprisonment for life.”
Your legal defence
How a defence barrister chooses to approach a case depends on several factors, taking into account your version of events and the evidence adduced by the State, including the forensic evidence.
Building a defence and running a murder trial is a complex process involving many hours of preparation. Common defences to these charges include:
- Denial – Identity cases
The accused did not carry out the act.
- Self Defence
The act of defending yourself, or other individuals from a recognised threat.
There was no intention to kill the victim.
Mental impairment impacted the judgement of the accused.