In order to be convicted of murder, the prosecution must prove beyond reasonable doubt that:
- You committed an act or omission causing death with intent to kill or inflict grievous bodily harm; or
- You committed an act or omission causing death with reckless indifference to human life; or
- The death occurred during you committing an offence which is punishable for life or 25 years.
A charge of murder carries a maximum penalty of life imprisonment pursuant to section 19A of the Crimes Act 1900 (NSW).
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defenses can be established:
- Duress
- Necessity
- Self-defence
- Automatism & Insanity
- Provocation
- Intervening events
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