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Murder

If you unlawfully kill someone under any of the following circumstances, you may be charged with murder:-

  1. If you intend to cause the death of the person killed or that of some other person or if you intend to do to the person killed or to some other person some grievous bodily harm;

  2. If death is caused by an act done, or omission made, with reckless indifference to life;

  3. If death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;

  4. If you intend to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime which is such that you may be arrested without warrant, or for the purpose of facilitating the flight of a person who has committed or attempted to commit any such crime;

  5. If death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph (4) above; or

  6. If death is caused by wilfully stopping the breath of any person for either of such purposes.

Which Court will hear this matter?

If you are charged with murder, the offence will be dealt with in the Supreme Court.

What is the maximum penalty?

The maximum penalty for murder is life imprisonment.

If you are convicted of murder, it is inevitable that you will be sentenced to a period of imprisonment. If you are charged with murder, you should seek legal advice immediately.

Manslaughter

If you unlawfully kill another person, without intent, you may be charged with manslaughter.

Which Court will hear this matter?

If you are charged with manslaughter, the offence will be dealt with in the Supreme Court.

Maximum penalty

The maximum penalty for manslaughter is life imprisonment.

If you are convicted of manslaughter, it is inevitable that you will be sentenced to a period of imprisonment. If you are charged with manslaughter, you should seek legal advice immediately.

Dangerous operation of a vehicle causing death

If you drive a vehicle or interfere with it in a manner that is considered dangerous, you may be charged with dangerously operating a motor vehicle. Any behaviour that puts yourself, your passengers or other road users at risk, will be considered dangerous. Some examples include; driving on the wrong side of the road, failing to stop at a red light or driving at an excessive speed.

This offence is classed as a criminal offence and will appear on your criminal history, unlike other traffic offences.

Which court will hear my matter?

Charges for dangerously operating a motor vehicle are usually dealt with in the Magistrates Court. However, if a circumstance of aggravation applies, it may also be dealt with in the District Court.

What is the maximum penalty?

The maximum penalty is 3 years imprisonment. your licence will also be suspended for at least 6 months. If you are charged with one of the following circumstances of aggravation, the maximum penalty will increase:-

  • The dangerous resulting results in bodily harm or the death of another;

  • Excessively speeding or taking part in a race; or

  • Being adversely affected by an intoxicating substance at the time of the offence.

Being charged with dangerously operating a motor vehicle can carry very serious penalties, including an actual period of imprisonment. If you are charged with this offence, you should seek legal advice immediately.