Murder and Manslaughter (Qld)
Murder and Manslaughter (Qld)
Murder and manslaughter are homicide offences, which are the most serious crimes against a person. In Queensland, murder carries a mandatory sentence of life imprisonment and manslaughter carries a maximum sentence of life imprisonment. This page deals with the offences of murder and manslaughter in Queensland, and the sentences that apply.
Legislation
Chapter 28 of the Criminal Code 1899 outlines the different homicide offences in Queensland.
Jurisdiction
Murder and manslaughter are strictly indictable offences and can only be finalised in the higher courts after the matter has gone through a committal proceeding in front of a magistrate.
What is murder?
Under section 302 of the Criminal Code 1899, a person is guilty of murder if they unlawfully cause the death of another person and any of the following apply:
- they intended to cause death or grievous bodily harm to a person
- death was caused with reckless indifference to human life
- death was caused by an act done in prosecution of an unlawful purpose and the act was likely to endanger human life
- the offender intended to cause grievous bodily harm to a person for the purpose of facilitating a serious crime, or for the purpose of facilitating the flight of an offender who has committed a serious crime
What is manslaughter?
A person who unlawfully causes the death of another person under circumstances that do not fit into any of the categories outlined above, is guilty of manslaughter.
What amounts to “causing a person’s death”?
A person may be found to have caused the death of another person if they cause the other person’s death directly or indirectly.
A person may be found to have caused another person death if the other person dies from injuries the person inflicted. It is irrelevant whether the other person would have survived with proper medical care.
Case law has also established that a person may be found to have caused another person’s death where the person’s act was not the sole cause of death, but where it substantially contributed to the death.
Mandatory sentencing for murder
If a person is convicted of murder in Queensland, they face a mandatory sentence of life imprisonment with a minimum non-parole period of 20 years.
Mandatory sentencing means that sentencing courts are fettered in their discretion. A court may impose a sentence that is longer than the mandatory sentence, but it may not impose a term that is lesser than the mandatory minimum.
Since the passage of the Making Queensland Safer Act 2024, the mandatory sentencing regime for murder applies to any person who is found guilty of murder in Queensland including children.
Sentencing for manslaughter
If a person is convicted of manslaughter in Queensland, they face a maximum sentence of life imprisonment. Manslaughter does not carry a mandatory minimum sentence.
This maximum penalty for manslaughter is now the same regardless of whether the offender is an adult or a child.
Defences
A person charged with murder of manslaughter may have a legal defence available to them. Some of these defences are outlined below.
Self-defence
Self-defence is a full defence to a charge of murder or manslaughter. When a person is faced with a physical threat, they are allowed to use reasonable force to defend themselves or to defend another person. However, this defence will succeed only if the force used is proportionate to the level of threat they are facing.
Provocation
Provocation is a full defence to a charge of manslaughter and a partial defence to a charge of murder.
The defence of provocation exists where the alleged victim did a wrongful act or insult against the accused that was of a nature likely to cause an ordinary person to lose their self-control and assault the person. This defence will succeed only if the act was done in the heat of the moment.
If a person is charged with murder, they may rely on provocation as a partial defence. If the defence succeeds it will reduce a verdict of murder to one of manslaughter.
Insanity
The defence of insanity exists where the accused was suffering from a mental impairment that meant that they were unable to understand or control their actions.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
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