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Murder

Murder

Murder is committed where an act of the accused causing death which was done with either:

• Reckless indifference to human life

• An intention to kill or do grievous bodily harm

• Whilst attempting or during or after the commission of an offence that carries a maximum term of imprisonment of 25 years or more.

The maximum penalty is imprisonment for the term of the person’s natural life.

If the victim was a police officer, emergency services worker, correctional officer, judicial officer, council law enforcement officer, health worker, teacher, community worker, or public official and the offence arose because of the victim’s occupation there is a standard non-parole period of 25 years. If the victim was a child under 18 years of age there is a standard non-parole period of 25 years.

In all other cases there is a standard non-parole period of 20 years.

If the culpability is extreme the law provides that a life sentence is mandatory.

Self defence is a complete defence to the charge of murder. Partial defences including provocation, substantial impairment of the mind, and self-defence involving excessive force will reduce the charge of murder to manslaughter.