Murder is defined as the unlawful killing of another person with the intent to kill or cause grievous bodily harm (GBH) by a sane individual. It is the Crown’s responsibility to prove each element of the crime. Possible defences include:
- Mistaken identity.
- Self-defence.
- Lack of intent.
- The accused was not of stable mind.
Partial Defences to Murder
The key difference between murder and manslaughter lies in intent. To be guilty of murder, one must have the intent to kill or cause GBH. Manslaughter can be considered if the prosecution cannot disprove that the defendant acted due to loss of control or diminished responsibility. In such cases, the charge is reduced to “voluntary manslaughter.”
Note: Duress is not a valid defence for charges of murder or attempted murder.
What are the Sentencing Guidelines for Murder
Adults convicted of murder typically receive a mandatory life sentence. Exceptions exist for cases deemed exceptionally severe, which may warrant a ‘whole life order’ without the possibility of early release.
If a whole life order is not issued, the judge will set a minimum term before parole eligibility. The main categories and their starting points are:
- Whole Life Order: Applies to murders involving abduction of a person under 18, multiple murders involving high planning, or murders of a sadistic or sexual nature.
- 30 Years: For racially aggravated murders, those involving firearms/explosives, or those occurring during a burglary.
- 25 Years: When a weapon, such as a knife, is brought to the scene.
- 15 Years: General starting point for other murder cases.
Aggravating or mitigating factors influencing the final sentence include:
- Degree of planning.
- Abuse of position.
- Use of duress/threats.
- Victim’s vulnerability.
- Lack of premeditation.
- Provocation.
- Intention to cause serious harm but not to kill.
Understanding these distinctions and the potential defences can significantly impact the outcome of a murder or manslaughter case.