Criminal Law - Crimes Act 1900
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CRIMES ACT 1900
Letter of Advice
JANUARY 6, 2020
STUDENT CREDENTIALS
University
Letter of Advice
JANUARY 6, 2020
STUDENT CREDENTIALS
University
Criminal Law 1
Letter of Advice
Calibri Law and Associates
5th Avenue, Park Street,
NSW, Australia.
6th January 2020,
Mr. XYZ Turnbull,
895, Datsun Street
NSW, Australia.
Dear Mr. Turnbull,
We have gone through your files and information that you specified. Concluding from that, I
have some advice for you. In order to proceed, I would like to clarify a few things
beforehand.
Firstly, there is a difference between Murder and Manslaughter
As per the definition mentioned in the Section 18 (1) of Crimes Act 1900,
Source: Section 18 (1) of Crimes Act 19001
In general, a murder is when an act of killing or harming another individual is caused with a
though or goal of harming another or the intentional act of killing someone is said to be a
1 Sydney Criminal Lawyers, "Murder | Section 18 Crimes Act 1900 NSW", Sydney Criminal Lawyers
(Webpage, 2019) <https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/murder/>.
Letter of Advice
Calibri Law and Associates
5th Avenue, Park Street,
NSW, Australia.
6th January 2020,
Mr. XYZ Turnbull,
895, Datsun Street
NSW, Australia.
Dear Mr. Turnbull,
We have gone through your files and information that you specified. Concluding from that, I
have some advice for you. In order to proceed, I would like to clarify a few things
beforehand.
Firstly, there is a difference between Murder and Manslaughter
As per the definition mentioned in the Section 18 (1) of Crimes Act 1900,
Source: Section 18 (1) of Crimes Act 19001
In general, a murder is when an act of killing or harming another individual is caused with a
though or goal of harming another or the intentional act of killing someone is said to be a
1 Sydney Criminal Lawyers, "Murder | Section 18 Crimes Act 1900 NSW", Sydney Criminal Lawyers
(Webpage, 2019) <https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/murder/>.
Criminal Law 2
murder. Whereas, an act where a person is harmed unintentionally or without prior planning
or intention to kill or harm the other person that is known to be an act of manslaughter2.
Manslaughter as an offence can be easily described as an act where wrongdoing or the
criminal act to be precise without the actual desire to execute, or a murder without wild
absence important to human life. This infers while an individual may have played out the
showings that achieved a death, it can't be shown that they expected to do all things
considered. The most outrageous discipline for the charge of homicide in New South Wales
is 25 years' confinement. Various disciplines consolidate fines, protections, suspended
sentences, or smaller prison sentences. The ordinary sentence as presented by the legislation
of the country, a manslaughter expense in the mid-extent of sincerity is around seven years.
Now, the question that arises, is that how the intention of an individual can be proven?
Intention of an individual can be proved by various evidences that can be or shall be in favour
with the accused in order to be released. Firstly, the prosecutor has to prove that the case filed
against the accused is a genuine one, and after that the burden of proof relies upon the
defendant as to prove the innocence of the accused in this case. Here, the defendant has to
provide certain evidences in favour of the accused so as to prove that the intention behind the
accused’s act was not to harm the individual in any way3.
The second most important thing to understand is Provocation.
Provocation is something that instigates another to commit an act4. When an individual is in
some or other manner is provoked to commit a murder or is instigated in any manner to
commit the crime that was not intended to take place. Mr. Turnbull here in this case, the
provocation or the reasons that provoked Mr. Turnbull to commit the mistake of inflicting
harm up on the other individual5. As specified in Section 23 of the Crimes Act 1900, in case
the individual or the accused by any means happens to prove that the criminal act was caused
without any intention or any bodily harm can be punished as manslaughter6. Hence, Mr.
2 Erin Pearson and Adam Cooper, "What's The Difference Between Murder And Manslaughter?", The Age
(Webpage, 2019) <https://www.theage.com.au/national/victoria/what-s-the-difference-between-murder-and-
manslaughter-20190327-p51878.html>.
3 Crimes Act 1900, "CRIMES ACT 1900 - As At 4 December 2019 - Act 40 Of 1900", Www5.Austlii.Edu.Au
(Webpage, 2019) <http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/>.
4 Australian Capital Territory Current Acts, "CRIMES ACT 1900 - SECT 13", Australian Capital Territory
Current Acts (Webpage, 2020) <http://classic.austlii.edu.au/au/legis/act/consol_act/ca190082/s13.html>.
5 [2016] NSWSC 847
6 New South Wales Consolidated Acts, "CRIMES ACT 1900 - SECT 23Trial For Murder--Partial Defence Of
Extreme Provocation", Www5.Austlii.Edu.Au (Webpage, 2019)
<http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s23.html>.
murder. Whereas, an act where a person is harmed unintentionally or without prior planning
or intention to kill or harm the other person that is known to be an act of manslaughter2.
Manslaughter as an offence can be easily described as an act where wrongdoing or the
criminal act to be precise without the actual desire to execute, or a murder without wild
absence important to human life. This infers while an individual may have played out the
showings that achieved a death, it can't be shown that they expected to do all things
considered. The most outrageous discipline for the charge of homicide in New South Wales
is 25 years' confinement. Various disciplines consolidate fines, protections, suspended
sentences, or smaller prison sentences. The ordinary sentence as presented by the legislation
of the country, a manslaughter expense in the mid-extent of sincerity is around seven years.
Now, the question that arises, is that how the intention of an individual can be proven?
Intention of an individual can be proved by various evidences that can be or shall be in favour
with the accused in order to be released. Firstly, the prosecutor has to prove that the case filed
against the accused is a genuine one, and after that the burden of proof relies upon the
defendant as to prove the innocence of the accused in this case. Here, the defendant has to
provide certain evidences in favour of the accused so as to prove that the intention behind the
accused’s act was not to harm the individual in any way3.
The second most important thing to understand is Provocation.
Provocation is something that instigates another to commit an act4. When an individual is in
some or other manner is provoked to commit a murder or is instigated in any manner to
commit the crime that was not intended to take place. Mr. Turnbull here in this case, the
provocation or the reasons that provoked Mr. Turnbull to commit the mistake of inflicting
harm up on the other individual5. As specified in Section 23 of the Crimes Act 1900, in case
the individual or the accused by any means happens to prove that the criminal act was caused
without any intention or any bodily harm can be punished as manslaughter6. Hence, Mr.
2 Erin Pearson and Adam Cooper, "What's The Difference Between Murder And Manslaughter?", The Age
(Webpage, 2019) <https://www.theage.com.au/national/victoria/what-s-the-difference-between-murder-and-
manslaughter-20190327-p51878.html>.
3 Crimes Act 1900, "CRIMES ACT 1900 - As At 4 December 2019 - Act 40 Of 1900", Www5.Austlii.Edu.Au
(Webpage, 2019) <http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/>.
4 Australian Capital Territory Current Acts, "CRIMES ACT 1900 - SECT 13", Australian Capital Territory
Current Acts (Webpage, 2020) <http://classic.austlii.edu.au/au/legis/act/consol_act/ca190082/s13.html>.
5 [2016] NSWSC 847
6 New South Wales Consolidated Acts, "CRIMES ACT 1900 - SECT 23Trial For Murder--Partial Defence Of
Extreme Provocation", Www5.Austlii.Edu.Au (Webpage, 2019)
<http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s23.html>.
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