Celebrating 22 years in Legal Practice
Stay connected with Navado:

Legal > Criminal Law & Criminal Offences

Homicide:

Overview FAQs Articles Locations

Homicide is a general term which refers to the offence of causing death from an illegal operation.  The offence is further categorised as either murder or manslaughter. The killing of a human being is homicide, however he or she may be killed; and all homicide is presumed to be malicious and murder, unless the contrary appears from circumstances of alleviation, excuse, or justification. This would reduce the offence to manslaughter. Comprehensive and sound advice from a Criminal Lawyer can be greatly beneficial in informing and explaining homicide and providing advice accordingly.

In all cases of homicide, there is a presumption of murder.  In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity or infirmity are to be satisfactorily proved by the Defendant, unless they arise out of the evidence produced against him or her.  This is because the law will presume the fact to have been founded in malice until the contrary intention or reason has been proved. Having proper legal advice from an experienced Criminal lawyer is a prerequisite should you be involved in a homicide matter.

It is important however to consider that the burden of proof lies in the prosecution to prove all elements of a crime before conviction, punishment and sentencing can occur.  The criminal standard of proof beyond reasonable doubt is the highest standard of proof known to the law; that it is to contrasted with the lower standard of proof applicable in civil proceedings - proof on the balance of probabilities. Consequently, in a criminal case, the Crown must satisfy the jury of each element of the offence charged beyond reasonable doubt.  The prosecution must prove the guilt of the Defendant; there is no such burden laid on the Defendant to prove his or her innocence and it is sufficient for him or her to raise a doubt as to his or her guilt; he or she is not bound to satisfy the jury of his or her innocence. Having proper legal advice from an experienced Criminal lawyer is essential if you have been charged with a homicide offence. 

If proceedings are initiated against an accused for murder and during the proceedings, it is established that there is a reasonable doubt, created by the evidence given by either the prosecution or the Defendant, as to whether the Defendant killed the deceased with a malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal.  Proper legal advice from an experienced Criminal Lawyer may be advantageous if you are affected by a homicide matter.

If you would like further information or wish to discuss your homicide matter with an experienced Criminal Lawyer please do not hesitate to contact us by telephone on (02) 9233 4048 or by email to info@navado.com.au. 

Bookmark and Share

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

Sorry, but no Articles are available at this time.

Sorry, but no FAQs are available at this time.

If you require assistance with a Criminal matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney

Our Locations

  • Criminal Lawyer Sydney
  • Criminal Lawyer Parramatta
  • Criminal Lawyer North Sydney
  • Criminal Lawyer Rockdale
  • Criminal Lawyer Liverpool
  • Criminal Lawyer Gordon
  • Criminal Lawyer Baulkham Hills
  • Criminal Lawyer Campbelltown
  • Criminal Lawyer Bondi Junction
  • Criminal Lawyer Chatswood
  • Criminal Lawyer Miranda
  • Criminal Lawyer Bella Vista
  • Criminal Lawyer Erina
Quick enquiry
  • Request an appointment
Stay connected
Ask an expert