Murder is defined under sections 11 and 12A of the Criminal Law Consolidation Act 1935 (SA) as causing the death of another person with intent to kill or cause grievous bodily harm, or with reckless indifference to the risk of death or serious harm. It carries a mandatory penalty of life imprisonment with a minimum non-parole period of 20 years.
ADELAIDE CRIMINAL DEFENCE LAWYERS
Accused or charged with murder in South Australia?
If you’re facing allegations of murder, we highly recommend that you seek legal advice as soon as possible, even before being charged by the police.
Major indictable offence
Supreme Court of South Australia
Maximum penalty of life imprisonment
Murder Key Facts
| Offence |
Murder is defined under sections 11 and 12A of the Criminal Law Consolidation Act 1935 (SA) as causing the death of another person with intent to kill, intent to cause grievous bodily harm, or with reckless indifference to whether death or grievous harm would occur. The law also extends to constructive murder (causing death during an intentional act of violence while committing a major indictable offence) and, in rare cases, murder by omission where a person has a duty to act but fails to do so knowing death would likely result. |
| Maximum Penalty |
Section 11 of the Criminal Law Consolidation Act 1935 (SA) imposes a penalty for murder of life imprisonment with a minimum non-parole period is 20 years. Depending on the circumstances of the offence, it may be possible to have the charge of murder downgraded to manslaughter, which does not have a minimum non-parole period. |
| Typical Sentence | Murder carries a mandatory sentence of life imprisonment. In South Australia, the court must set a non-parole period of at least 20 years, though this may be reduced in limited circumstances. |
| Which Court? | The proceedings will initially commence in the Magistrates Court of South Australia. If there is sufficient evidence against you, the matter will then be transferred to the Supreme Court of South Australia. |
| Process Timeline | Arrest → Police Interview → Bail Consideration (rarely granted) → Committal Proceedings in Magistrates Court → Trial in Supreme Court → Sentencing if found guilty. (Average: 18-24 months) |
| Possible Defences | 1. Self-Defence - Arguing that you used force because you genuinely believed it was necessary to protect yourself from death or serious harm, and that your response was reasonable in the circumstances. 2. Defence of Another - Showing that your actions were taken to protect another person from an immediate threat of death or serious harm, where the level of force was proportionate to the danger faced. 3. Defence of Property – Establishing that you acted to defend property, although this is a limited defence and will not usually justify lethal force unless the circumstances also raised a threat to life or safety. 4. Involuntary Act – Demonstrating that the act causing death was not voluntary, such as an accident, reflex, or conduct performed while lacking conscious control. 5. Provocation – Raising evidence that you lost self-control due to provocative conduct from the victim. This does not provide a full defence to murder but may reduce the charge to manslaughter if accepted. 6. Mistaken Identity – Arguing that it was not you who committed the act, supported by alibi evidence, lack of reliable identification, or other proof undermining the prosecution case. |
| What The Prosecution Must Prove | The prosecution must prove: - That the victim has died; - That the defendant’s conduct caused, or substantially contributed to, the death (it need not be the sole or main cause); - That the defendant intended to kill, intended to cause grievous bodily harm, knew it was probable their actions would result in death or grievous harm, or was recklessly indifferent to that risk. |
Murder Case Scenarios
Below are examples of how murder may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Murder
(Statutory Minimum Cases)
Murder
(Serious Cases)
Murder
(Extreme Cases)
Murder (Statutory Minimum Cases)
Scenario:
During a heated argument, one person fatally stabbed another once with a kitchen knife. The killing was intentional but not premeditated, and there were no additional aggravating factors.
What to expect:
In this example the offender was convicted of murder and sentenced to life imprisonment. In this type of case, the statutory minimum non-parole period of 20 years would be imposed.
Murder (Serious Cases)
Scenario:
An offender carried out a home invasion to commit robbery and, in the course of the crime, deliberately assaulted and killed an elderly homeowner who was unable to defend themselves.
What to expect:
In this example the offender was be convicted of murder and sentenced to life imprisonment. Given the aggravating circumstances, the court would set a non-parole period above the minimum.
Murder (Extreme Cases)
Scenario:
An offender deliberately killed a family at home and shot at police upon their arrival.
What to expect:
The offender would be convicted of multiple counts of murder and sentenced to life imprisonment. In a case of this gravity, the court may impose a non-parole period of 35 years or more, or in rare circumstances order that the sentence be served without parole.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
2 Counts of Aggravated Assault of Police
2 Counts of Aggravated Assault of Police
Assault Police, Hinder Police, Failure to Provide Personal Details to Police
Assault Police, Hinder Police, Failure to Provide Personal Details to Police
2 Counts of Aggravated Unlawful Threat
2 Counts of Aggravated Unlawful Threat
Downgrading an Assault Charge to Fighting in a Public Place
Downgrading an Assault Charge to Fighting in a Public Place
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Murder FAQ’s
If you need more information about murder in South Australia, these FAQs answer the most common questions.
What is the difference between murder and manslaughter?
Murder involves intent or reckless indifference to life, while manslaughter applies when a person causes death without intent or through criminal negligence. Manslaughter typically carries a lesser penalty and no mandatory non-parole period.
Can you be charged with murder for doing nothing?
Yes. Murder by omission applies where a person has a legal duty to act (such as a caregiver or parent), and their failure to act results in death. A known example is R v Gibbins, involving starvation due to neglect.
What is ‘reckless indifference’ in a murder case?
Reckless indifference means the accused knew it was probable (more than possible) that death or grievous bodily harm would result from their actions and continued anyway.
Can provocation reduce a murder charge to manslaughter in South Australia?
If it can be shown that the accused lost control due to provocative conduct by the victim, a murder charge may be downgraded to voluntary manslaughter, depending on the circumstances.
Can I be found guilty of murder if I didn’t directly cause the death?
Yes. South Australian law allows for joint criminal enterprise liability and murder by omission where the accused was either involved in the offence or had a legal duty to prevent harm and failed to act.
What is the penalty for attempted murder in South Australia?
Attempted murder under section 270A of the Criminal Law Consolidation Act 1935 (SA) carries a penalty of life imprisonment, although courts may impose a lesser sentence depending on circumstances.
What happens if someone is convicted of murder using a car?
If a death occurs due to the use of a motor vehicle and a murder conviction follows, the court must disqualify the person from driving for at least 10 years under section 13(2) of the Criminal Law Consolidation Act 1935 (SA).
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