Homicide
Homicide occurs when the actions—or in some cases, the failure to act—of a person result in the death of another. In New South Wales, homicide offences are divided into murder and manslaughter, as outlined in section 18 of the Crimes Act 1900 (NSW). The key distinction between these offences is intent: murder generally involves an intention to kill or cause serious injury, while manslaughter usually involves an unintentional death.

Murder
A murder charge applies where a person’s actions (or failure to act) cause another person’s death and are carried out:

• Intentionally, meaning the accused deliberately caused the death

• With reckless indifference to human life, where the accused knew, or should have known, their actions were likely to cause death

• With the intention to cause grievous bodily harm

• During the commission of a serious offence.

The prosecution must also prove causation, showing that the accused’s actions were a substantial and significant cause of the death. If causation cannot be established beyond reasonable doubt, a murder charge may reduce to manslaughter.

Manslaughter
Manslaughter generally applies where a death has occurred, but the evidence does not support a murder charge. It can be divided into:

• Voluntary manslaughter: where an intentional act leads to death, but mitigating factors reduce culpability

• Involuntary manslaughter: where death results from negligence or a reckless act without intent to kill
  

Defending a Homicide Charge
Being charged with homicide is understandably overwhelming. Kate Maher Criminal & Traffic Law can:

• Explain your rights and the legal process

• Assess the evidence and likelihood of conviction

• Identify potential defences

• Advocate for reduced charges or sentencing outcomes where possible