Content warning: This article on first degree murders discusses murder in detail. If you find this topic to be disturbing, please proceed with caution.
Forensic science plays a critical role in the successful resolution of first degree murders. In some places, parties refer to the top level murder crime is by another name, such as “capital murder.”
The application of science to law involves the use of scientific methods and techniques to collect, analyse, and interpret evidence in criminal and civil legal cases.
With technological advancements and scientific techniques, forensic experts can now provide more accurate and reliable evidence to help solve cases. However, there are still challenges to overcome to ensure justice.
Definition of First Degree Murders in NSW
The Crimes Act 1900 provides for the definition of murder. Section 18(1)(a) states that an accused commits murder when:
- There is an act or omission.
- Such an act or omission causes the death of another person.
- The party did or omitted the act with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission.
- The accused or an accomplice did the act.
- The very serious crime committed by the accused is punishable by imprisonment for life or 25 years.
First degree murders is an American law concept and is the most serious form of homicide. It involves premeditated murder and intentional murder. First-degree murders are the most serious form and offenders receive punishment accordingly. It involves the following circumstances in the act of killing of another person:
- premeditated
- intentional
- carried out with ‘malice aforethought.’
- a blatant disregard for human life
However, Australian law does not recognise the concept of first degree murders. Instead, the law divides the crime of homicide into two categories: murder and manslaughter.
Murder is a deliberate and intentional killing of another person, while manslaughter is an unintentional killing due to recklessness or criminal negligence. Prosecutors argue that a reasonable person would have taken more precautions in these cases and that the defendant’s actions were unreasonable.
In both the United States and Australia, the intent to murder appears to be a significant component of the homicide offence. However, in NSW, intent is not necessarily required to convict a party of homicide. While death penalty is not used as a punishment, life imprisonment is the maximum charge for first degree murders.
Techniques Used in Forensic Science for Murder Cases
Forensic science utilises various techniques to collect, analyse, and interpret evidence. Some of the common techniques used in first-degree murder cases in Australia include:
DNA Analysis
DNA profiling is a common technique in forensic science to identify suspects in murder cases. Forensic scientists collect DNA evidence from the crime scene, including hair, skin cells, or bodily fluids. The DNA is then analysed and compared to the DNA of suspects to determine if they were present at the crime scene.
Fingerprint Analysis
Fingerprint analysis is another important technique in forensic science. It involves collecting and comparing fingerprints found at the crime scene with those of suspects. Fingerprint analysis can establish the presence of suspects at the crime scene and link them to the crime.
Ballistics Analysis
Ballistics analysis involves the examination of bullets, casings, and firearms to determine their origin and link them to a specific crime. This technique can help identify the weapon used in the crime and link it to the perpetrator.
Toxicology Testing
Toxicology testing aims to determine if the murder involved drugs or other toxins. Forensic scientists analyse bodily fluids and tissues from the victim to identify any substances present.
Digital Forensics
Digital forensics is a relatively new technique in forensic science that is becoming increasingly important in murder investigations. Forensic scientists analyse digital devices such as computers, smartphones, and cameras to gather evidence that could be used to solve the case.
Challenges in Forensic Science for First Degree Murders
While forensic science has helped solve many first degree murder cases in Australia, the methodology still has challenges. Some of the common challenges include:
Backlogs in Forensic Laboratories
Forensic laboratories in Australia, particularly in Queensland, are often overwhelmed with a backlog of cases, which can delay evidence processing. This delay can impact the case outcome and may result in the release of guilty suspects.
Human Error
Human error is another challenge in forensic science. Mistakes in collecting, handling, and analysing evidence can lead to inaccurate results, impacting the first degree, second degree, or third degree murders.
Emerging Technologies
Emerging technologies in forensic science can also pose challenges. Forensic science is constantly evolving, and new technologies are constantly developing. This can make it difficult for forensic scientists to keep up with the latest advances and make it difficult to interpret collected evidence using outdated methods.
High Profile Murder Cases in NSW, Australia
Trigger warning: This section discusses the several murder cases that occured in Australia. If you find this topic disturbing, we advise you to skip this section.
The Backpacker Killer
Ivan Milat was a serial killer who murdered at least seven backpackers in Australia between 1989 and 1992. His victims were all young people, aged between 19 and 22, and they were all from overseas. The first victim was a German woman named Simone Schmidl, who was murdered in September 1989. Her body was found in Belanglo State Forest, near Sydney.
Over the next two years, Milat killed six more backpackers. Milat was charged with seven counts of murder and found guilty in 1996. He was sentenced to life in prison without the possibility of parole.
The Anita Cobby Murder
The murder of Anita Cobby was a horrific crime that shocked Australia in 1986. Cobby, a 26-year-old nurse, was kidnapped, raped, and murdered by five men. Her body was found in a bushland area near Blacktown, New South Wales.
The men were all found guilty of murder and sentenced to life in prison. Travers, Longhurst, and Valera will never be eligible for parole, while the Murphy brothers could be eligible for parole in 2036.
The Michael McGurk Murder
The murder of Sydney businessman Michael McGurk was a high-profile case that shocked Australia in 2009. McGurk, a property developer, was shot dead in the driveway of his home in Sydney’s Eastern Suburbs.
The New South Wales Police initially investigated the case, but it was later overtaken by the Australian Federal Police (AFP). The AFP’s investigation led to the arrest of four men. The four men were all charged with murder, and they went on trial in 2013. The trial lasted for ten months and was one of Australian history’s most expensive and complex trials.
In 2014, Medich was found guilty of murder and sentenced to life in prison. Flannery was guilty of murder and sentenced to 30 years in prison. Barton and Tajjour were found guilty of being accessories to murder and sentenced to 18 years and 14 years in prison, respectively.
Seeking Criminal Law Advice from Lawyers
Criminal lawyers represent people who face accusation of crimes, and they work to protect their client’s rights. Criminal lawyers do a variety of things, including:
- Investigating the charges
- Negotiating with the prosecution
- Presenting the case to the court
- Appealing the case
- Assisting with second degree murder, felony murder, or third degree murder cases
Our team of criminal defence lawyers at JB Solicitors can help you understand your rights, protect your interests, and build a strong defence. Contact us today.
