In the intricate realm of criminal law, understanding the difference between murder and homicide is fundamental, especially within the Australian legal framework.
This detailed article provides insights into the legislative criteria, judicial interpretations, and the potential implications for those accused.
Homicide vs Murder: Is There a Difference?
The difference between murder and homicide under the law is homicide is the killing of another person, whereas murder is a subcategory and is considered an illegal homicide with malice aforethought. Therefore, homicide, murder and manslaughter all result in the killing of another person.
Definition: Homicide
Homicide is an umbrella term for the law to capture any death that is caused by one person killing another person either by an act or omission of an act. Therefore, a homicide may result from malice aforethought (intent), reckless disregard, criminal negligence or an accidental act.
Example of Homicide
The types of homicide can range from the unlawful killing to the lawful killing of a human being.
The types of unlawful homicide include murder, involuntary manslaughter, voluntary manslaughter, and vehicular manslaughter.
The types of lawful homicide include legal justification, i.e., self-defence.
The two most serious charges of homicide are murder and manslaughter. The difference between the crime of murder and the crime of manslaughter lies in intent, with murder classified as a premeditated killing of another person, whereas manslaughter is the unintentional killing of another person, which can either be voluntary manslaughter or involuntary manslaughter charges, for example.
Definition: Murder
Murder is considered the most serious charge out of all the possible homicide charges that a person can be convicted of. In NSW, murder is defined in section 18 of the Crimes Act 1900 (NSW) as an act or omission by an accused person, causing death to another person where the death occurred due to the accused person acting or omitting to act with reckless indifference to human life, or with an intention to kill, or an intention to inflict grievous bodily harm.
Therefore, this definition of murder acts to capture only either the intentional killing, intention to inflict really serious harm to another person or acts (or omissions) that are so recklessly indifferent to a person’s life that they result in a person’s death to warrant a murder conviction.
This means that any unlawful killing under any circumstances that does not meet the legal definition above will not meet the elements required for murder and may be deemed to meet the requisite standard of manslaughter.
Potential Penalties for Homicide vs Murder in NSW
Under the law, the penalties for homicide offences are severe as these crimes are considered the most serious due to the taking of another’s life.
Penalties for Homicide
When a person kills another, the penalties faced are some of the highest sentences that can be imposed for a crime. At the top end, as a maximum penalty, you can be imprisoned for life in prison without parole for murder charges, with the lower end being 25 years as a maximum penalty for manslaughter charges.
Penalties for Murder
Murder charges carry a more severe penalty as it is classified as more serious by the law due to having an intent to kill a victim. As such, if you are charged with murder, as per Section 19(A) of the Crimes Act 1900 (NSW), you are liable to the maximum sentence available in NSW of life in prison, which is defined as meaning a person will serve that sentence for the term of the person’s natural life. Section 61 of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives the court the power to impose a mandatory minimum sentence of life in prison if the court is satisfied that the level of culpability in committing the offence is so extreme.
However, if the court has set a non-parole period, the standard non-parole period is 20 years in prison before release is considered; however, in the case of more aggravating circumstances, such as the murder of a child or a police officer, the non-parole period is increased to 25 years in prison.
Will I Go to Court?
In every case of being charged with any offence that results in the death of another person, you will be required to attend court. Given the seriousness of these criminal charges and the possible sentences available, it is imperative that you get in touch with a criminal defence law firm, such as the legal team at Hamilton Janke Lawyers, to advise you throughout the legal process to receive the best possible outcome.
What to Expect If You Are Charged with Homicide
If you are charged with a homicide offence, the matter is first mentioned in the Local Court. It will then be committed to the Supreme Court and progress to either sentencing or trial, where it will usually be finalised.
What to Expect If You Are Charged with Murder
If you are charged with murder, and you choose to plead not guilty, the case will proceed to a trial, and the prosecution must establish the elements of murder beyond a reasonable doubt.
To find a person guilty of murder, the prosecution must prove:
1. That the accused did an act or an omission;
2. That the act/omission caused the death of another person; and
That the accused either:
1. Had an intention to kill the person;
2. Had an intention to cause the person really serious bodily injury or
3. Acted with reckless indifference to human life; that is, foresaw that it was probable that death would result.
If you choose to plead guilty, you may receive a sentence of life in prison with or without a standard non-parole period of 20-25 years in prison (unless you can show special circumstances) and a criminal record if you cannot prove you acted in self-defence.
Is There a Difference Between Homicide, Murder and Manslaughter?
Yes, there are differences between all three. The key distinction between murder and manslaughter is intention.
Need the best Criminal Offences Lawyer in NSW?
If you are being charged with a criminal offence in NSW, you must seek legal advice and legal representation. An experienced criminal defence lawyer will be able to advise you on how to proceed and assist you through every step of the process. Contact our expert Criminal Defence Lawyers now.
Key Takeaways
- Homicide is an umbrella term for any death caused by another person, whether intentional or unintentional.
- Murder is a specific type of unlawful homicide with intent to kill or cause serious harm, or reckless indifference to human life.
- Manslaughter involves the unintentional killing of another person, with voluntary and involuntary classifications.
- Murder carries harsher penalties, including life imprisonment, while manslaughter penalties are typically lower.
- Legal outcomes depend on proving intent, causation, and recklessness.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
