Common questions about homicide charges in Victoria.

Murder and manslaughter are tried in the Supreme Court of Victoria. Every homicide matter begins in the Magistrates' Court with a filing hearing and a committal.

A homicide charge begins, like other indictable matters, in the Magistrates' Court, with a filing hearing followed by a committal stage where the prosecution evidence is disclosed and can be tested. Murder and manslaughter are then tried in the Supreme Court of Victoria. Offences of causing death by driving are also indictable and are heard in the higher courts. The committal stage is an important part of the process and is approached as a genuine opportunity to test the prosecution case.

Yes. The firm acts for people accused of homicide offences and, for Supreme Court trials, instructs experienced trial Counsel and continues to instruct throughout the proceeding.

Tringali Lawyers acts for people accused of homicide offences. A Supreme Court homicide trial calls for a barrister with the right trial experience, and for those matters the firm instructs experienced Counsel and continues to instruct throughout, so the client has both that trial advocate and a solicitor who knows the file in detail. The firm's role across the matter is to read the brief closely, give honest advice on what the evidence shows, manage the committal, and prepare every stage properly. If you are unsure whether the firm is the right fit for a particular matter, call and it will be discussed plainly.

Murder requires the prosecution to prove the accused intended to kill or to cause really serious injury. Manslaughter is an unlawful killing without that intent.

The key difference is the accused's state of mind. Murder requires the prosecution to prove not only that the accused caused the death, but that the accused did so with the necessary intent: an intention to kill or to cause really serious injury. Manslaughter is an unlawful killing without that intent; it includes death caused by an unlawful and dangerous act, and death caused by criminal negligence. Where it is accepted that the accused caused a death, the question of whether the offence is murder or manslaughter is frequently the central issue in the matter, and it has a major effect on the penalty range.

Speak to a lawyer before any police interview. You have the right to silence beyond providing your name and address, and what is said becomes part of the brief.

In a matter as serious as a homicide investigation, the importance of early legal advice is at its highest. Outside of providing your name and address, you are not required to answer police questions. What you say in an interview becomes part of the prosecution brief and can be used in evidence, including in ways that affect the defences available later. If police wish to speak to you in connection with a death, contact a lawyer before any interview, so the situation can be assessed and you can be advised on whether and how to participate.

Murder carries a maximum of life imprisonment. The sentence in a particular case depends on the circumstances of the offence and the matters put before the court.

Murder carries a maximum penalty of life imprisonment under Victorian law. The maximum is not the sentence imposed in every case: at sentencing, the court considers the circumstances of the death, the accused's state of mind, personal circumstances and any prior history, and the material put before it in mitigation. Sentencing for murder and the other homicide offences is a substantial exercise, and preparing thoroughly for a plea, where a matter proceeds that way, is an important part of the work.