Murder Attempt

Murder

Murder, as defined by s 18(1)(a) Crimes Act 1900, is made out where a voluntary act or omission of the accused causes the death of the deceased and the act is committed with:
  1. an intent to inflict grievous bodily harm, or
  2. an intent to kill, or
  3. reckless indifference to human life, or
  4. committed by the accused or some accomplice with him or her in an attempt to commit, or during or immediately after the commission of, an offence punishable by at least 25 years imprisonment (constructive murder).

Reckless indifference to human life is the doing of an act with the foresight of the probability of death arising from that act. In some cases there may be little difference between doing an act with an intention to kill (or to inflict grievous bodily harm) and doing an act in the recognition that it would probably cause death.

The following issues listed below commonly arise in murder trials:

  • Voluntary act of the accused, including the specific references to act(s) of the deceased
  • Causation
  • Intoxication
  • Self-defence and excessive self-defence
  • Provocation
  • Substantial impairment by abnormality of mind