If he has in fact been charged with murder as opposed to manslaughter, the police must believe they can prove ‘intent’, because that is the crucial difference between manslaughter and murder under the code. BUT there is more than one way you can ‘commit murder’ and you do not necessarily have to intend to kill someone there are several says you can meet the elements. As an example you may be guilty of murder if although you didn’t intend to kill, you recognised the probability or likelihood of death etc, having recognised this (but still not intending to kill) you still go ahead with your actions. Under section 4 of s302 (Murder) it states it is immaterial that the offender did not intend to cause death or did not know that death was likely to result
**I am not familiar with the Queensland Criminal Code so if anyone knows any more/different then please feel free to correct me.
s302(1): circumstances where an unlawful killing amounts to murder.
(a) Intends to cause either death or GBH of deceased or other
(b) Act done in the prosecution of an unlawful purpose, which act is of such a nature as to endanger human life
(c) Intends to do Grievous Bodily Harm for the purpose of facilitating a crime or facilitating the flight of an offender
(d) Death is caused by administering any stupefying/overpowering force for either of the two purposes above...
(e) Wilfully stopping breathing for either of the two above purposes
Elements:
1. Unlawfully (i.e. not excused)
2. Actus reus – causing the death of a person
3. Mental element – to be found in the language of the Code provision
a. s302(1)(a) “intentionally”
b. s302(1)(b) no specified element
c. s302(1)(c) “intends...for a purpose”
d. s302(1)(d) “administering for a purpose”
e. s302(1)(3) “wilfully” stopping breath “for a purpose”
if no mental element under s302 can be proved = manslaughter
(2) Under subsection (1)(a) it is immaterial that the offender did not intend to hurt the particular person who is killed.
(3) Under subsection (1)(b) it is immaterial that the offender did not intend to hurt any person.
(4) Under subsection (1)(c) to (e) it is immaterial that the offender did not intend to cause death or did not know that death was likely to result
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf
