Lots of degree's of murder in the VIctorian System..
Defensive homicide
Defensive homicide is an outdated law that no longer exists in Victoria, which was designed to protect battered women and mental impaired people who commit murder from the full brunt of murder charges, due to moral culpability being reduced. The law was set up in 2005, and retracted in 2014. There are calls to bring this law back, with Victoria and Tasmania the only states in Australia to not have a ‘halfway house’ law for the inbetweeners.
Constructive murder (homicide)
Constructive murder is also known as felony murder, and refers to the death that occurs while a person is committing another serious crime. A ‘serious crime’ in this instance refers to a crime that is punishable by 25 years or more in prison, like aggravated robbery. No consideration is given to the accused’s state of mind when they caused the death, so it doesn’t matter if they intended to kill or not.
Involuntary manslaughter
Involuntary manslaughter involves an unlawful killing without intent, for example in a car accident caused by reckless driving or committing an illegal or dangerous act. The prosecution must prove that the death was caused by an illegal act or omission, an act of neglect, or a departure from the standard of care any reasonable person could expect, not occurring would cause serious injury or death.
But the VICPOL have charged him with Murder, nothing
Defensive, Constructive, or I
nvoluntary about it, at all. Straight for the throat plain uniced Murder, no frills, no frippery at all. Which means, he is charged with killing her deliberately, with intention, with reckless regard for her life, and with a bit of malice thrown in. Nothing mitigating like drugs, or alcohol, or a'mental episode'...
Also, VICPOL are in the drivers seat on this one, they hold the bargaining chips.. he may think he does by not saying where the body is, but that won't bother VICPOL they have him sitting in their cells, and there he stays till the moon turns blue, they'll find her body one way or the other with or without his assistance, he does not have any chips to lay down.