The Crimes Act 1900 (NSW) outlines certain murder laws in NSW. Part 3 of Crimes Act 1900 (NSW) is titled “Offences against the person.” Under Part 3, Division 1 is about “Homicide.” Homicide refers to the the act of killing another person. In this article on murder laws NSW, we provide an overview of some of these murder laws NSW. In particular, we will look at the following Sections:
Note that according to the Act, Section 17 and Section 19 have been repealed.
Section 17A: Date of Death Under Murder Laws NSW
Subsection (1) of Section 17A states that the rule of law stating that if a person dies more than a year and a day after receiving an injury, it is conclusively presumed that the injury did not cause their death, is abolished.
Moreover, Subsection (2) states that Section 17A does not apply in respect of an injury received before the commencement of this section.
Section 18: Definitions of Murder and Manslaughter
Subsection (1) of Section 18 defines murder as part of murder laws in NSW.
Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted 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, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
Furthermore, the second point under Section 18(1) states that every other punishable homicide is manslaughter. Subsection (2) states the following:
- No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
- No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
Section 19A: Murder Laws NSW and Punishment for Murder
The following points outline the punishment for murder as per murder laws in NSW:
- A person who commits the crime of murder is liable to imprisonment for life.
- A person who has life imprisonment sentence for the crime of murder is to serve that sentence for the term of their natural life.
- Nothing in this section affects the operation of section 21 (1) of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).
(4) This section applies to murder committed before or after the commencement of this section.
(5) However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the murder were instituted against the convicted person before the commencement of this section.
Lastly subsection (6) states that nothing in this section affects the prerogative of mercy.
Section 19B: Mandatory Life Sentences for Murder of Police Officers
As the title suggests, this Section provides an outline of mandatory life sentences for murder of police officers. Subsection (1) states that a court is to impose a sentence of imprisonment for life if a person murders a police officer and such person commits the murder:
- while the police officer was executing his or her duty; or
- as a consequences of, or in retaliation for, actions undertaken by that or any other police officer in execution of his or her duty.
and if the person convicted of murder: –
- knows or ought reasonably to have known that the person killed was a police officer; and
- intends to kill the police office
- engages in criminal activity that puts police officers at serious risk.
Furthermore, subsection (2) states that a person sentenced to imprisonment for life under this section is to serve the sentence for the term of the person’s natural life. Moreover, according to subsection (3), Section 19B does not apply to a person convicted of murder:
- if the person was under the age of 18 years at the time the murder was committed; or
- if the person had a significant cognitive impairment at that time (not being a temporary self-induced impairment)
Section 19B: Other Provisions
Additionally, Subsection (4) of Section 19B states that if this section requires a person to be sentenced to imprisonment for life, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or alternative sentence.
Subsection (5) states that nothing in this Section affects the obligation of a court to impose a sentence of imprisonment for life on a person convicted of murder in accordance with section 61 of the Crimes (Sentencing Procedure) Act 1999 .
According to Subsection (6), nothing in this Section affects the prerogative of mercy. Lastly, subsection (7) states that this Section applies to offences committed after the commencement of this Section.
Section 23: Trial for Murder – Partial Defence of Extreme Provocation
The jury should find the defendant guilty of manslaughter rather than murder if, during a murder trial, it becomes clear that the defendant committed such criminal act after being severe provocation and, but for this section and the provocation, the jury would have found the defendant guilty of murder.
When Is an Act in Response to Extreme Provocation?
Authorities may consider an act in response to extreme provocation if and only if:
- the act of the accused that causes death was in response to conduct of the deceased towards or affecting the accused, and
- the conduct of the deceased was a serious indictable offence, and
- the conduct of the deceased caused the accused to lose self-control, and
- the conduct of the deceased could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm on the deceased.
On the contrary, the conduct of the deceased does not constitute extreme provocation if:
- the conduct was only a non-violent sexual advance to the accused, or
- the accused incited the conduct in order to provide an excuse to use violence against the deceased.
Note that under this section conduct of a deceased person may constitute extreme provocation even if the conduct did not occur immediately before the act causing death. Additionally, to determine whether an act causing death was in response to extreme provocation, evidence of self-induced intoxication of the accused (within the meaning of Part 11A) cannot be taken into account.
Further, the simple fact that there was no intention of killing or seriously hurting another person but such an act results in death, does not negate provocation. Thus, on the trial of a person for murder, if there is any evidence that the act causing death was in response to extreme provocation, the onus is on the prosecution to prove beyond reasonable doubt that the act causing death was not in response to extreme provocation.
Seek Advice from Our Criminal Lawyers
This article has discussed some important murder laws in NSW. Given the serious nature of this offence, it is important to engage solicitors who have the experience with criminal law. At JB Solicitors, we have a team of lawyers with experience in a wide area of criminal law matters.
We have the ability to help you gather necessary evidence for all criminal law cases. Moreover, we can also represent you in court. For any legal matters, do not hesitate to get in touch with our friendly and experienced team of solicitors.
Send your enquiry to us today.
