Murder & Manslaughter Lawyer Sydney & Nationwide
When the Charges Are This Serious, Every Decision Matters
Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Supreme Court Experience
All murder and manslaughter trials in NSW are heard in the Supreme Court. We have experience in the most serious homicide matters at the highest levels of the NSW criminal justice system. We brief experienced senior counsel and manage the full conduct of proceedings from the first appearance through to trial.
Early Intervention
Decisions made in the hours and days after a charge, including whether and how to apply for bail, how to respond to the police brief, and how to manage the committal, can define the trajectory of the entire case. We act immediately when contacted and advise at every critical decision point.
Command of NSW Homicide Law
Homicide law is technically complex. Intent, partial defences, the distinction between voluntary and involuntary manslaughter, and the application of self-defence in homicide matters all require a lawyer who understands the law in depth. We do.
Thorough Preparation for Trial
Murder trials can run for weeks or months. The preparation behind them takes much longer. We review every piece of prosecution evidence, retain experts where needed, identify every available defence, and build a case that is ready for trial.
HOMICIDE OFFENCES WE DEFEND
Murder
A person is guilty of murder if they cause the death of another person and intend to kill or cause grievous bodily harm, act with reckless indifference to human life, or where the death occurs in the course of committing certain serious offences (constructive murder).
Maximum penalty: life imprisonment. Standard non-parole period: 20 years in general cases; 25 years where the victim is a police officer, judicial officer, corrective services officer, a child under 18, or a current or former intimate partner.
Voluntary Manslaughter
Where a partial defence, extreme provocation or substantial impairment, reduces what would otherwise be murder to manslaughter. The accused is convicted of manslaughter rather than murder.
Maximum penalty: 25 years imprisonment.
Involuntary Manslaughter
Where a person causes death without the intent required for murder, either through an unlawful and dangerous act or through criminal negligence.
Maximum penalty: 25 years imprisonment.
Attempted Murder
An attempt to commit murder, where the accused does or omits to do an act with intent to kill another person, but death does not result. The prosecution must establish both the act and the specific intent to kill. Reckless indifference to human life is not sufficient for attempted murder, intent to kill must be proven beyond reasonable doubt.
Maximum penalty: 25 years imprisonment.
OTHER VIOLENT CRIMES-
We handle a wide range of violent crime charges.
DEFENDING YOUR CASE: HOW WE RESPOND
From First Contact to Final Outcome: How We Build Your Defence
Where the accused believed their conduct was necessary to defend themselves or another person, and the response was reasonable in the circumstances, a self-defence argument may be available. Where the facts support a self-defence case, it may become the central focus of the trial. We assess the full factual matrix before advising on this defence.
Murder requires a specific mental state. Where the prosecution cannot establish intent to kill or cause grievous bodily harm, or reckless indifference to human life, the charge may not be made out. The prosecution bears the burden of proof beyond reasonable doubt on every element.
A partial defence that, if accepted, reduces murder to manslaughter. Available where the accused's capacity to understand events, judge right from wrong, or control conduct was substantially impaired by an abnormality of mind arising from an underlying condition. Expert psychiatric evidence is typically required.
Where the death was not caused by an unlawful act and could not reasonably have been foreseen. The prosecution must negate accident where it is raised on the evidence.
Meet Our Crime Defence Team
With over a decade of experience, our crime defence team has made us one of Australia’s leading defence firms. Led by firm founder and Principal, Peter O’Brien, our dedicated team has defended clients in courts all over the country, including in the High Court of Australia.
No matter the case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
From Charge to Trial: How a Murder or Manslaughter Matter Proceeds
1. Arrest and Charge
Police arrest and charge the accused. Bail in murder matters is subject to a presumption against bail. Contact us immediately, bail applications in homicide matters require urgent preparation and must be made to the Supreme Court.
2. Local Court Appearance
The matter first comes before the Local Court for bail determination and initial directions. We appear at the first mention, advise on bail, and begin reviewing the available material.
3. Committal Proceedings
The matter proceeds through the Local Court before committal to the Supreme Court for trial. Defence solicitors can apply to cross-examine key prosecution witnesses at this stage. We review the brief in full and advise on strategy before and during the committal.
4. Trial
Most homicide trials are conducted before a jury. The trial may run from several days to several months depending on the complexity of the matter. We brief experienced senior counsel and provide full management of the proceedings throughout.
If a verdict of guilty is returned, the matter proceeds to a sentencing hearing before a Supreme Court judge. Strong sentencing submissions, including expert reports, character material, and careful analysis of the relevant facts, are essential.
WHAT TO DO IF YOU HAVE BEEN CHARGED
Seven Steps to Take After Being Charged with Murder or Manslaughter
- Do Not Speak to Police Without a Lawyer
- You have the right to silence.
- Do not answer questions at a police interview, make a voluntary statement, or participate in any recorded conversation with police before speaking to a lawyer. Anything you say can be used in evidence.
- Contact a Criminal Defence Lawyer Immediately
- The earlier you get legal advice, the more options are available to you. Early legal intervention can affect bail, the management of the investigation, and the preparation of your defence.
- Contact us as soon as you are aware of a charge or investigation.
- Do Not Contact the Victim's Family
- Do not attempt to contact or communicate with the victim's family or any witnesses, whether directly or through a third party. This can result in additional charges and will be used against you.
- Avoid Discussing Your Case
- Do Not Talk About Your Case: Refrain from discussing the details of your case with anyone except your lawyer. This includes family, friends, and cellmates, as statements can be used against you.
- Social Media: Avoid posting anything related to your case on social media, as these posts can be monitored and used as evidence.
- Preserve Any Evidence That Supports Your Position
- If there is evidence, including communications, witness details, or physical material — that supports your account of events, preserve it and provide it to your lawyer immediately.
- Know Your Rights
- You have the right to a fair trial, including the right to challenge evidence, call witnesses, and testify in your own defence.
- Right to Bail: You have the right to apply for bail, and your lawyer can help you present a strong case for your release.
- Follow Your Lawyer's Advice on Every Step
- Homicide matters are complex, lengthy, and high-stakes. The decisions made at every stage — from bail to plea to trial strategy, have real consequences. Follow your lawyer's advice and raise any concerns with them directly.
Remember: Don’t face this alone. Let our murder and manslaughter defence experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Murder & Manslaughter Charges NSW
Bail in murder matters is subject to a presumption against bail. It can be granted in limited circumstances, but requires a bail application to the Supreme Court and must overcome substantial threshold tests. Early legal advice is essential, a bail application in a homicide matter requires careful preparation and experienced representation.
The key difference is intent. Murder requires proof of intent to kill, intent to cause grievous bodily harm, or reckless indifference to human life. Manslaughter involves causing death without that mental state, either through an unlawful and dangerous act or gross criminal negligence, or where a partial defence (substantial impairment or extreme provocation) reduces murder to manslaughter.
All murder and manslaughter trials are heard in the NSW Supreme Court. The matter will usually begin in the Local Court before being committed to the Supreme Court for trial.
A partial defence does not result in an acquittal, it reduces a murder charge to manslaughter. The two partial defences in NSW are substantial impairment by abnormality of mind (s 23A) and extreme provocation (s 23). If accepted, the accused is convicted of manslaughter and sentenced accordingly.
Murder trials vary significantly in length. A straightforward contested trial may take two to three weeks. Complex multi-accused or multi-issue trials can run for months. The Supreme Court manages a separate list for homicide matters and an estimate will depend on the specific charges and evidence.
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