Galbally & O’Bryan
Defences of murder
Depending on the facts of each case, a number of defences may be available to a person accused of murder. Our
experienced criminal defence lawyerswill be able to assess your case and determine whether any legal defence is applicable. These might include:
- Self-defence;
- Duress;
- Sudden and extraordinary emergency;
- Automatism; or
- Provocation
Please note that the defence of provocation only applies to homicides committed prior to 23 November 2005.
Should any of these defences be made out, or the prosecution fail to prove all elements beyond a reasonable doubt, the accused cannot be held criminally responsible.
In Victoria, there are different offences that relate to the unlawful killing of another person. These include murder and manslaughter. If you or someone you know has been charged with one of these offences, it is imperative to seek legal advice. Contact our Galbally & O'Bryan's team of expert...
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