A murder or manslaughter charge is the most serious charge a person can face in NSW. From the first police interview to bail, committal and trial, every decision matters. Call Robert Kaufmann on 1300 276 529 for a free initial consultation with an Accredited Specialist in Criminal Law.
Homicide defence lawyer in Sydney
Robert Kaufmann has practised criminal law in NSW for over 23 years. For 17 of those years he has been an Accredited Specialist in Criminal Law, recognised by the Law Society of NSW. He has defended murder charges in the Supreme Court and has the experience to manage a homicide case from the first day, working with senior criminal barristers and expert witnesses.
Homicide offences in NSW
- Murder (section 18 Crimes Act 1900): causing death with an intention to kill or to cause grievous bodily harm, with reckless indifference to human life, or during certain serious crimes. Maximum penalty: life imprisonment.
- Manslaughter: an unlawful killing without the mental element for murder, or where a partial defence applies. Maximum 25 years.
- Dangerous driving occasioning death and other driving-related deaths.
- Assault causing death (section 25A).
Defences and partial defences
- Self-defence: if successful, a complete defence. Where the response was excessive, it may reduce murder to manslaughter.
- Substantial impairment by abnormality of mind (section 23A): a partial defence that reduces murder to manslaughter.
- Extreme provocation (section 23): a narrow partial defence.
- Lack of intent, accident, identity, and challenges to causation and the forensic evidence.
- Mental health defences, which can lead to a special verdict.
Bail
Murder is a “show cause” offence, and bail is difficult to obtain. In the right case, with strong preparation, release is possible. Bail applications for murder are made in the Supreme Court.
How we handle homicide cases
- Immediate advice, including before any police interview.
- Supreme Court bail applications.
- Detailed analysis of the brief, including forensic, pathology, phone and CCTV evidence.
- Engaging independent experts such as forensic pathologists, psychiatrists and accident reconstruction specialists.
- Negotiating with the DPP, for example to accept a plea to manslaughter where appropriate.
- Briefing senior counsel for trial.
Courts we appear in
Murder charges are heard in the Supreme Court of NSW. Manslaughter and related offences are heard in the District or Supreme Court. We act in both, and in the Court of Criminal Appeal.
Murder and manslaughter FAQs
What is the difference between murder and manslaughter?
The main difference is the state of mind. Murder requires an intention to kill or cause really serious harm, or reckless indifference to human life. Manslaughter covers unlawful killings without that intent, or where a partial defence applies.
A family member has been arrested for murder. What should we do?
Call us straight away. The person should not answer police questions before getting legal advice. We can arrange to speak with them as soon as possible.
How long will the case take?
Homicide cases often take one to two years or more to reach trial, because of the volume of evidence and the expert reports involved.
Speak to a homicide defence lawyer now
Call Robert Kaufmann on 1300 276 529 for a free initial consultation, book a phone consultation online, or send an enquiry through our contact form.
This page is general information about NSW law and is not legal advice. Every case depends on its own facts.