Murder is the most serious criminal offence in Victoria. It is a charge at common law, meaning it has developed through court decisions over centuries rather than being defined solely by legislation. A conviction for murder carries a possible life sentence.

Murder matters are heard exclusively in the Supreme Court of Victoria, following committal proceedings in the Magistrates’ Court. A conviction carries a possible life sentence. At Angus Cameron and Partners, we have represented numerous clients facing the most serious charges in Victorian criminal law, including murder, and we understand the gravity and complexity of these proceedings.

If you or someone you know has been charged with murder, it is essential to get experienced legal advice immediately. The elements of the charge are complex, and there are important defences that may be available depending on the circumstances.

Elements

Murder has four elements, all of which the prosecution must prove beyond reasonable doubt:

  • you committed acts which caused the victim's death;
  • those acts were voluntary;
  • you acted with the intention to kill or cause really serious injury, or you knew it was probable that death or really serious injury would result; and
  • you did not have a lawful justification or excuse, such as self-defence.

Causation

To be convicted of murder, the prosecution must prove that your acts caused the victim's death. Your conduct does not need to be the only cause of death — a death can have multiple causes, and you can still be held criminally responsible even if others also contributed to it. What matters is that your acts contributed significantly to the death, or were a substantial and operating cause of it.

Causation is ultimately a question of common sense: would an ordinary person regard your conduct as a cause of the death? This is a question for the jury to decide.

Voluntary acts

The prosecution must prove that your acts were conscious, voluntary and deliberate. An act is voluntary if it was within your conscious control. This element is distinct from intention — it is about whether you were in control of what you were doing, not whether you knew that what you were doing was wrong or criminal.

Intention and recklessness

This is often the most contested element in a murder trial. The prosecution must prove one of the following:

  • Intention: you intended to kill someone or cause them really serious injury; or
  • Recklessness: you knew that it was probable (not just possible) that death or really serious injury would result from your acts.

Importantly, you do not need to have intended to harm the specific person who died. It is enough that you had the relevant intention or recklessness in relation to some person.

The meaning of "really serious injury" is a matter for the jury. There is no requirement that the harm intended be life-threatening.

Statutory murder

In some cases, the prosecution may also rely on statutory murder under section 3A of the Crimes Act 1958 (Vic). Statutory murder does not create a separate offence — it provides an alternative way of proving murder, most commonly used where there is no evidence of an intention to kill or cause really serious injury.

Statutory murder requires the prosecution to prove that: (1) you committed an act of violence; (2) that act caused the death of a person; (3) the act was committed in the course or furtherance of a serious crime whose necessary elements include violence (such as armed robbery); and (4) the act was conscious, voluntary and deliberate.

A "serious crime" for this purpose is one punishable by life imprisonment or 10 years or more. The act of violence does not need to be the final act that caused death — earlier acts during the course of the serious crime may be sufficient.

Defences

Being charged with murder does not mean you will be convicted. There are several defences that may be available depending on the circumstances of your case.

Self-defence

If you genuinely believed your actions were necessary to defend yourself or another person, and your response was reasonable in the circumstances as you understood them, self-defence may be available. A successful self-defence argument means you must be found not guilty.

Sudden or extraordinary emergency

In rare circumstances, it may be a defence that you acted as you did because you reasonably believed there was a sudden or extraordinary emergency, and your conduct was the only reasonable way of responding to it.

Lack of intention or recklessness

If the prosecution cannot prove that you intended to kill or cause really serious injury, or that you knew death or serious injury was probable, the charge of murder may not be made out. In those circumstances, manslaughter may be the appropriate alternative verdict.

Mental impairment

If you were suffering from a mental impairment at the time of the alleged offence that affected your understanding of what you were doing or that it was wrong, a defence of mental impairment may be available. This is a complex area of law and requires careful expert assessment.

Insufficient evidence or improperly obtained evidence

In all criminal cases, the prosecution bears the burden of proving their case beyond reasonable doubt. If the evidence is weak or was obtained unlawfully — for example, through an illegal search — there may be grounds to challenge the prosecution's case. These arguments are technical and require experienced legal advice.

FAQs

What is the difference between murder and manslaughter?

The key difference is intention. Murder requires proof that you intended to kill or cause really serious injury, or that you knew death or really serious injury was probable. Manslaughter involves an unlawful killing without that level of intention. In some cases, a jury may find a person not guilty of murder but guilty of manslaughter as an alternative.

What is the penalty for murder in Victoria?

Murder carries a possible life sentence in Victoria.

What is statutory murder?

Statutory murder under section 3A of the Crimes Act 1958 (Vic) is an alternative way of proving murder. It applies where a person causes death in the course of committing a serious crime involving violence, such as armed robbery, even if they did not intend to kill or cause really serious injury.

Can I be convicted of murder if I didn't intend to kill anyone?

Yes, in some circumstances. If you knew it was probable (not just possible) that your actions would cause death or really serious injury, you can be convicted of reckless murder. You may also be convicted of statutory murder if the death occurred in the course of a serious crime involving violence.

Do I need a lawyer if I'm charged with murder?

Absolutely. Murder is the most serious criminal charge in Victoria and carries a possible life sentence. The legal issues involved are complex, and an experienced criminal lawyer is essential to protect your rights and to ensure every available defence is properly considered.

Is murder heard in the Supreme Court of Victoria?

Yes. Murder is a strictly indictable offence heard exclusively in the Supreme Court of Victoria. The matter first passes through committal proceedings in the Magistrates’ Court before being transferred to the Supreme Court for trial or plea.

Can I get bail if I am charged with murder?

Murder is a Schedule 1 offence under the Bail Act 1977, meaning bail can only be granted in exceptional circumstances. We can advise you on whether exceptional circumstances exist in your case and make a bail application if appropriate. At Angus Cameron and Parters we have secured bail for clients charged with Murder.

What is the average sentence for murder in Victoria?

Murder carries a possible life sentence. A court sets a non-parole period — the minimum time that must be served before the offender is eligible to apply for parole. The non-parole period depends on the circumstances of the offending, any aggravating or mitigating factors, and other matters considered by the sentencing judge.

Related Guides

You may also find the following guides useful: