What’s the Difference between Murder and Manslaughter?
To get to a murder charge, the Police generally need to establish the following core facts: That a person is dead; That the accused killed the person; That they intended to cause the person’s death or intended to cause the person grievous bodily harm.
Manslaughter, the charge still requires a person to be deceased, and the cause of their death to be unlawful. However, Police do not need to establish the more challenging aspects required to make out a murder charge. More often than not, that missing element is the one of “intent”. The main difference in sentencing is that someone convicted of murder will be sentenced to life imprisonment, which cannot be reduced. However, while getting found guilty of manslaughter could theoretically attract the same penalty, the Court has more flexibility in sentencing. The sentence for manslaughter could be reduced having regard to any number of factors that your criminal lawyers will advise the Court about at the relevant time. There is also no minimum sentence for manslaughter.
Murder and manslaughter are some of the most serious crimes you can be charged with in Queensland.
It is imperative that you get experienced criminal lawyers to represent you if you are charged, or even if you think something has happened that might lead to you being charged, with such serious crimes.
Get in touch today if you need assistance.