Crimes Act (NSW): Murder Definition, Elements, and Punishments

This report provides an overview of the crime of murder under Australian law. It begins by defining murder as the unlawful homicide with the intention to kill or cause grievous bodily injury, as per the Crimes Act (NSW). The report then outlines the elements of murder, including the physical element (an act or omission causing death) and the fault element (intention to kill or inflict serious injury, reckless disregard for life). The report references key cases like Murray v The Queen (2002) and R v Mullen (1938) to illustrate the legal principles. It concludes by emphasizing the prosecution's burden of proof beyond reasonable doubt to establish both elements, and the potential punishment of imprisonment up to 25 years. The report also mentions the definition of manslaughter and its relation to the crime of murder.

RUNNING HEAD: INTRODUCTION TO CRIMINOLOGY AND CRIMINAL JUSTICE
Introduction to Criminology and Criminal Justice

INTRODUCTION TO CRIMINOLOGY AND CRIMINAL JUSTICE
Introduction
Under Australian law, murder is defined as the most serious criminal offence and it is
also known as unlawful homicide with the intention to kill another or to do grievously bodily
injury to other person. In this report the serious crime of murder will be defined it will also
define about the elements of murder and punishment as provided in the legislation.
Murder and its elements
Murder is also defined as manslaughter under Australian law. The Crimes Act (NSW)
defines about the term manslaughter under sec 18 of the act. As per this sec, manslaughter
means killing of one human being by another human being (Hemming, 2015). It can be
committed with intent to kill someone or killing someone with intent to inflict serious
injuries, reckless homicide, or felony murder that is while committing crime of violence
killing someone (Classen, 2012). In order to hold person liable for murder it is necessary to
establish the guilt of the accused beyond reasonable doubt that the accused intended to kill
other or to inflict grievous bodily injury to that person. The punishment for murder under
Australian law is imprisonment, which may extend to term of 25 years as per sec 24 of
Crimes Act (Finlay & Kirchengast, 2015).
In order to prove a case of murder it is required by the prosecution to show two
elements of murder that is physical element and fault element.
Physical Element
As per the doctrine of criminal liability, which requires that physical element of the
crime must be inconsonance with the fault element of the crime. As per the sec 18 (1) (a) of
the Crimes Act, an act or omission which causes demise as the physical element. The fault
element requires an attempt to execute or inflict serious physical harm to any person
(Cunningham, 2016).
In the case of Murray v The Queen (2002) HCA 26, it was held by the court that in
order to establish the case the onus of proof is on the prosecution that the guilt of the accused
must be proved beyond reasonable doubt. In this case, the appellate court held that the trial
court erred in the decision while deciding the liability of the accused, as he did not intend to
kill the plaintiff; he was only pointing the gun at the plaintiff in order to deter him.
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INTRODUCTION TO CRIMINOLOGY AND CRIMINAL JUSTICE
Similarly, in the case of R v Mullen (1938) HCA 12, it was held by the court that
intention to kill is the major element of murder, which must be proved by the prosecution.
Fault Element
As per sec 18 in NSW, the fault element of murder includes intention to inflict grave
physical injuries, reckless disregard to lives of human being and intentional killing. Along
with the physical element there must be shown that the accused had guilty mind.
In the case of Royall v Hallett (1969) SASR 141, the fault element of offence of
murder was established by the court.
Conclusion
Concisely, it can be said that murder is a serious offence, which is committed by an
individual. To establish a case under the murder the onus of proof is always on the
prosecution, once all the elements of the murder is proved the accused can be charged with
murder shall be liable to be punished for a term of 25 years in imprisonment.
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INTRODUCTION TO CRIMINOLOGY AND CRIMINAL JUSTICE
Bibliography
Classen, A. (2012). Violence in Medieval Courtly Literature: A casebook. Abingdon-on-
Thames: Routledge.
Cunningham, S. (2016). Criminal Liability for Non-Aggresive Death. Abingdon-on-Thames:
Routledge.
Finlay, L., & Kirchengast, T. (2015). Criminal Law in Australia . New York: LexisNexis
Butterworths.
Hemming, A. (2015). Criminal Law Guidebook:Quensland and Western Australia . Oxford:
Oxford University Press.
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