What is the Law of Murder & Manslaughter in the Australian Capital Territory

In the Australian Capital Territory, being accused of a serious criminal offence can be extremely daunting. We prepare these articles so you can be informed of what the law is and be assured that the criminal lawyer you choose knows the law and how to apply it in your case to get you the best possible result. When selecting from criminal lawyers in Canberra, if you want the best criminal representation you (and your lawyers) can’t leave any stone unturned.



If a person is charged with a homicide related offence, the key to emerging successful with your defence may involve knowing what constitutes murder or manslaughter for the purpose of the charge. Depending on how the prosecution puts its case, the technical aspects of how the case is brought may make all the difference for success or failure.

Generally speaking, homicide refers to the killing of one person by another. Unlawful homicide usually consists of two types of punishable actions: murder and manslaughter.

Pursuant to Section 12 of the Crimes Act 1900, Murder is the causing death of another person in circumstances where the person causing the death either intended to cause the death of any person, had reckless indifference to the possibility of causing the death of any person, or intended to cause serious harm to any person. If any of these aspects are proven by the prosecution, the maximum penalty the offender can face is very serious –  life imprisonment.



For a person to be found guilty of murder, the prosecution must be able to prove an element of intention on the part of the accused. If there is not enough evidence to prove intention, the case of murder is not made out against the accused person.

While the act of the accused still results in a death, manslaughter is a slightly less serious offence that involves the unlawful killing of one person by another. In the ACT, pursuant to Section 15 of the Crimes Act 1900, an unlawful homicide that is not murder pursuant to Section 12 is taken to be manslaughter. An example of what might amount to manslaughter is a homicide committed unintentionally or accidentally, or in circumstances of criminal negligence.

The maximum penalty for a defendant found guilty of manslaughter in the ACT is 20 years imprisonment.

Though both acts are homicides, the key differentiator between murder and manslaughter is intention.



If a jury determines that a defendant did not intend to kill or cause serious harm to the victim, they may find that manslaughter is proven. Especially in circumstantial cases with unclear evidence, it can be difficult for a prosecution to successfully prove the defendant’s intentions or mindstate during the time of the killing.

To be acquitted of a murder or manslaughter charge, some of the following defences may apply:

• Self-Defence - one common justification raised for a homicide is to establish that the defendant was acting in self-defence. The defence must prove that the defendant responded to a commensurate threat or actual violence and that the response was not a step too far in response to the situation.
• Accident. To avoid a murder conviction, if the defendant can establish that the death resulted from an accident, then they may instead be found guilty of a manslaughter charge.

In the ACT, the Court responsible for hearing murder and manslaughter cases is the ACT  Supreme Court. For legal advice on a serious criminal law matter, it’s best to consult with an experienced criminal lawyer as soon as possible.

For the best strategy for your case to get the best possible result, contact Andrew Byrnes Law Group. We are criminal solicitors in Canberra that are results-focused, fearless fighters. Contact one of our criminal lawyers today to see how we can help you.