May 2, 2018

Murder Case Studies

O’Brien Criminal and Civil Solicitors are expert criminal lawyers. Here are a number of successful cases where O’Brien Criminal and Civil Solicitors have secured a favourable result for our clients who have been charged with murder.

AHClient found not guilty of murder after running successful defence of duress

This case involved the death of the victim. The Crown ran two alternate cases that corresponded with a charge of murder, and a charge of accessory after the fact. O’Brien Criminal and Civil Solicitors ran the defence that the client had nothing to do with murder and only assisted in the cover up of the murder under duress from her violent partner. This was accepted by the court and the client was found not guilty on both charges.

Key terms: Murder – section 18 Crimes Act 1900 – accessory after the fact – section 347 Crimes Act 1900 – duress – domestic violence, battered woman syndrome – not guilty

AA – Jury found client not guilty of both murder and manslaughter charges

AA was charged with murder after it was alleged that AA and four others took part in a beating which caused the death of the victim. We assisted AA in his lengthy Supreme Court trial that spanned several weeks. The defence presented evidence that successfully established that AA never struck the deceased, and that he lacked the necessary intention to prove the charge of murder. The jury found AA not guilty of murder, and not guilty of manslaughter.

Key terms: Murder – section 18 Crimes Act 1900 – trial by jury – Supreme Court trial – joint criminal enterprise – verdict of not guilty

LC – Re-trial ordered after a successful appeal of LC’s murder conviction

LC was found guilty of murder following a trial in the Supreme Court of NSW. LC appealed to the Court of Criminal Appeal against both his conviction and sentence. The CCA found that there had been a miscarriage of justice as an alternative verdict of manslaughter was not left to the jury despite such an alternative being ‘open on the evidence’. A re-trial was ordered.

Key terms: Murder conviction – appeal – section 5 Criminal Appeal Act 1912 – Court of Criminal Appeal – re-trial ordered

Contact O’Brien Criminal and Civil Solicitors on  (02) 9261 4281 for legal advice on your case. The first consultation is free.