Murder & Manslaughter
Lawyer Cairns
Murder and manslaughter are the most serious charges in Queensland's criminal justice system. Both carry a maximum penalty of life imprisonment. Both are dealt with exclusively in the Supreme Court. Both demand immediate, experienced legal representation from the moment of arrest. If you or a family member has been charged with murder or manslaughter — or if you know an arrest is imminent — the decisions made in the first hours and days shape everything that follows. Bail, the prosecution's case theory, forensic evidence, and the available defences all need to be assessed immediately. Civic…
Murder — Section 302, Criminal Code
Murder is defined in section 302 of the Criminal Code Act 1899 (Qld) . The prosecution must prove that the accused unlawfully killed another person, and that they either: Intended to cause death , or Intended to cause grievous bodily harm that resulted in death, or Intended to do an act done recklessly with knowledge that death or GBH was a probable consequence Penalty: Mandatory life…
Manslaughter — Section 303, Criminal Code
Manslaughter is defined in section 303 of the Criminal Code Act 1899 (Qld) . A person who unlawfully kills another under circumstances that do not constitute murder is guilty of manslaughter. Maximum penalty: Life imprisonment. Like murder, manslaughter is strictly indictable and dealt with in the Supreme Court . However, unlike murder, the penalty is not mandatory life — the sentencing range is…
Bail in Homicide Matters
Bail for murder and manslaughter is among the most difficult to obtain in Queensland law. Murder — show cause and mandatory life Murder carries a mandatory life sentence, which triggers the show cause requirement under the Bail Act 1980 . The accused must affirmatively demonstrate why their continued detention is not justified. The onus is reversed — it is not on the prosecution to argue against…
Defences and Charge Reductions
The available defences depend on the specific facts. Common defences and pathways in homicide matters include: Self-defence (s 271, Criminal Code) Where the accused used force in response to an unlawful assault and the force was reasonably necessary in the circumstances. If self-defence is established, the accused is acquitted entirely. Where the force used exceeded what was reasonably necessary,…
The Supreme Court Process
Homicide matters follow a distinct procedural path: 1. Arrest and initial custody The accused is arrested and held in custody. A bail application is prepared — urgently, given that the accused will remain in custody until bail is either granted or the matter is resolved. 2. Committal in the Magistrates Court The matter is listed in the Cairns Magistrates Court for committal. The prosecution serves…
Related Charges
Homicide charges often involve related offences: Assault causing death — unlawful striking causing death (s 314A) is a distinct offence carrying a maximum of life imprisonment, with a mandatory minimum non-parole period in some circumstances Dangerous operation causing death — where death results from dangerous driving rather than an assault, the charge is dangerous operation under s 328A (maximum…