What the Prosecution Needs to Prove (Elements of the Offence)

To secure a conviction for murder, the prosecution mustestablish beyond reasonable doubt that

1. The accused caused the death of the victim – This means proving a direct link between the accused's actions and the victim's death.
2. The accused acted unlawfully – The killing must not be justified by law (e.g., self-defence may be a lawful killing).
3. The accused had the necessary intent – This includes either:
   
   • Intent to kill; or
   • Intent to cause grievous bodily harm (serious injury likely to endanger life).
4. No valid legal defence applies – If the accused successfully raises a defence such as self-defence or mental incompetence, the charge may be reduced to manslaughter or dismissed.

The Relevant Court

Murder is classified as a major indictable offence,meaning it is heard in the Supreme Court of South Australia. The processtypically includes:

• Committal  proceedings in the Magistrates Court to determine if there is enough evidence for trial.
• If committed for trial, the case is transferred to the Supreme Court, where it is tried before a judge and/or jury.
• If convicted, the Supreme Court will impose a sentence based on the seriousness of the offence and any aggravating or mitigating factors.

What Defences Are Available?

A person charged with murder may have legal defencesavailable, including:

1. Self-Defence (Criminal Law Consolidation Act 1935, section 15)
   
   • If the accused believed they were under threat and acted reasonably in self-defence, they may be acquitted.
2. Mental Impairment (Criminal Law Consolidation Act 1935, part 8A)
   
   • If the accused was mentally incompetent at the time of the offence, they may not be held criminally responsible.
3. Automatism
   
   • If the accused's actions were involuntary (e.g., due to a medical condition or external factor like being unconscious), they may not be guilty.
4. Duress (Criminal Law Consolidation Act 1935, section 21)
   
   • If the accused was forced to commit the act under threat of serious harm or death, they may avoid a conviction
5. Provocation (partial defence)
   
   • This can reduce acharge from murder to manslaughter if the accused acted in response to extreme provocation.
     

What Are the Specific Maximum Penalties for the Offence

Under section 11 of the Criminal Law Consolidation Act 1935, the maximum penalty for murder is:

• Mandatory life imprisonment (except in rare exceptional circumstances).
• The court must also set a non-parole period, with the standard minimum being 20 to 26 years, depending on aggravating factors.
• In cases of particularly heinous murders (such as multiple killings or child murders), a non-parole period of 30 years or more may be imposed, or even life without parole.