Our most Senior Lawyers have extensive experience in defending Homicide cases. We’ve successfully defended our clients in NSW charged with Murder, Conspiracy to Murder and “Felony” Murder.
Adam Ly (Our Principal and Director) will personally handle any case involving a charge of Murder against our clients. Adam won his first Murder case 20 years ago, when he first came to Criminal Law practice. In that case, our client was charged with the murder of another man in Liverpool, following an altercation between two groups of men at Liverpool Westfield shopping centre. He was ultimately found “not guilty” in the Supreme Court of NSW.
Adam is also listed on the Legal Aid Panel of “Complex Criminal Matters” and regularly represents our clients in Criminal Trials heard in the Supreme Court, under assignment from Legal Aid. Adam often instructs Senior Counsel in some of our most complex criminal cases, included many clients who are charged with Murder. His track record is outstanding.
The charge of Murder explained
A broad definition of Murder is the killing of person with the intention of causing Grievous Bodily Harm, or with a reckless indifference to human life.
What are the elements of the offence of Murder?
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You committed an act or omission causing death with intent to kill or inflict grievous bodily harm; or
- You committed an act or omission causing death with reckless indifference to human life; or
- The death occurred during you committing an offence which is punishable for life or 25 years.
If any of the individual elements of Murder cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
What is a “partial” defence to Murder?
A Partial defence reduces the charge of murder to manslaughter. Examples of partial defences include:
- Provocation and;
- Substantial Impairment by “abnormality of mind”.
For more information on Manslaughter charges, click here.
Our Principal, Adam Ly will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
Recently, Adam and the team successfully had a charge of Murder, in a high profile case, downgraded to Manslaughter, arguing on the basis on a “partial defence” of “Substantial Impairment by Abnormality of the Mind”.
The offence of Murder carries a maximum penalty of life imprisonment in the Supreme Court. Murder is an extremely serious offence. We advise that you contact Mr. Ly immediately if you are charged with this offence.