Murder Key Facts

Minimum Penalty

  • Minimum non-parole period is 20 years.

Possible Defences

  • you were acting in self-defence;
  • you were acting in defence of another;
  • you were acting in defence of property;
  • your action was involuntary;
  • you were provoked; or
  • it was not you that committed the act.

What Is The Charge Of Murder?

You are guilty of murder if you caused the death of a person, and you either:

  • intended to kill that person or cause them grievous bodily harm; or
  • were reckless as to causing death or causing grievous bodily harm.

A person intends to cause death if they mean to do something that they know will result in the death or grievous bodily harm of a person. However, if a person does something without meaning to cause death, but they know that it was probable that death or grievous bodily harm would result, then they will be reckless as to causing death.

It is not enough that the person does something knowing that it is possible, but not likely, that death or grievous bodily harm would result. Grievous bodily harm means really serious injury.

Murder is a very serious offence. We highly recommend that you seek legal advice as soon as possible, even before being charged by the police.

At Caldicott Lawyers, our team of specialist defence lawyers have extensive criminal law experience and have defended many clients who have been charged with murder and manslaughter.

What Is The Penalty For Murder?

Section 11 of the Criminal Law Consolidation Act 1935 (SA) imposes a penalty for murder of life imprisonment.

The 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.

What Are The Possible Defences For Murder?

It is a defence to a charge of murder that:

  • you were acting in self-defence;
  • you were acting in defence of another;
  • you were acting in defence of property;
  • your action was involuntary;
  • you were provoked; or
  • it was not you that committed the act.

If you have been charged with murder you need to obtain the best legal representation possible. Craig Caldicott has successfully defended a large number of murder cases.

What Court will Hear the Matter

This is a major indictable charge. 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.

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

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Case Study – Family Violence Withdrawn written by Casey Isaacs

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Case Study – Aggravated Assault

Case Study – Aggravated Assault

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