Murder (Australian law)
Encyclopedia
Murder is defined in the New South Wales
(NSW) Crimes Act 1900
as follows:
Under New South Wales State law, the maximum penalty for murder is life imprisonment with a standard non-parole period of 20 years, or 25 years for the murder of a child under the age of 18 or of a police officer or public official. Attempted murder carries a maximum penalty of life or 25 years imprisonment. Note that in order to be guilty of murder under the NSW Crimes Act, intent to cause grievous bodily harm is enough to secure a conviction for murder, as is felony murder (constructive murder in Australia).
There is a statutory defence of provocation in NSW law; if provocation is proven and the person would have otherwise been convicted of murder, directs the jury to find the defendant not guilty of murder but guilty of manslaughter.
However, this is not the case in Victoria, Tasmania or Western Australia - the Crimes Act 1958 (VIC), in Section 3B, states:
In any jurisdiction within Australia, the maximum penalty for murder is life imprisonment; this is the mandatory penalty in Queensland, South Australia and the Northern Territory.
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
(NSW) Crimes Act 1900
Crimes Act 1900
The Crimes Act 1900 is a New South Wales statute that codifies the common law crimes for the state of New South Wales in Australia. Along with the Crimes Act 1914 and the Federal Criminal Code Act 1995 , these two pieces of legislation form the majority of criminal law for New South Wales.As it is...
as follows:
Under New South Wales State law, the maximum penalty for murder is life imprisonment with a standard non-parole period of 20 years, or 25 years for the murder of a child under the age of 18 or of a police officer or public official. Attempted murder carries a maximum penalty of life or 25 years imprisonment. Note that in order to be guilty of murder under the NSW Crimes Act, intent to cause grievous bodily harm is enough to secure a conviction for murder, as is felony murder (constructive murder in Australia).
There is a statutory defence of provocation in NSW law; if provocation is proven and the person would have otherwise been convicted of murder, directs the jury to find the defendant not guilty of murder but guilty of manslaughter.
However, this is not the case in Victoria, Tasmania or Western Australia - the Crimes Act 1958 (VIC), in Section 3B, states:
In any jurisdiction within Australia, the maximum penalty for murder is life imprisonment; this is the mandatory penalty in Queensland, South Australia and the Northern Territory.