Have you been charged with the unintentional killing in the course or furtherance of a crime of violence
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What does it mean to be charged with the unintentional killing in the course or furtherance of a crime of violence?
Under Section 3A of the Crimes Act 1958, a person may be charged with Unintentional Killing in the Course or Furtherance of a Crime of Violence if they:
- Cause the death of another person unintentionally.
- Commit an act of violence during or in furtherance of another crime that includes violence as an essential element.
Although the death may be accidental, the involvement of violence during the commission of a crime exposes the accused to the same liability as intentional murder, carrying a potential maximum penalty of life imprisonment (Level 1 imprisonment).
Key Provisions of Section 3A
- Liability for Unintentional Killing:
- If someone unintentionally causes death during an act of violence associated with a violent crime punishable by life imprisonment or a term of 10 years or more, they can be convicted of murder as though the killing was intentional.
2. Abrogation of the Felony-Murder Rule:
- The common law felony-murder rule, which previously held individuals liable for murder in similar circumstances, has been replaced by this statutory provision.
What the Prosecution Must Prove
To secure a conviction, the prosecution must demonstrate:
- Unintentional Death:
- The accused’s actions unintentionally caused the death of another person.
2. Act of Violence During Another Crime:
- The death occurred due to an act of violence committed during the course or furtherance of another crime.
3. Violence as an Element of the Crime:
- The associated crime must include violence as an essential element and carry a potential penalty of life imprisonment or 10 years or more.
What is the penalty for unintentional killing?
The charge carries a maximum penalty of life imprisonment, reflecting the seriousness of the offence.
Where will my case be heard?
Cases involving Unintentional Killing during Furtherance of a Crime of Violence are heard exclusively in the Supreme Court of Victoria, given the gravity of the charge.
Factors and Defences to Consider:
To secure a conviction, the prosecution must demonstrate:
- Unintentionality:
- Was the death truly unintentional?
2. Circumstances of the Offence:
- What were the specific events leading to the act of violence?
3. Self-Defence:
- Did the accused act to protect themselves or another?
4. Mitigating Circumstances:
- Are there factors that reduce culpability or explain the accused’s actions?
These questions are crucial to evaluate the strength of your case and determine an effective strategy.
Given the gravity of this offence, it is important to seek legal advice from a lawyer at MK Law, so they can tailor a defence strategy for your personal circumstances.
What happens next?
If you are facing this charge, immediate legal advice is essential. Engaging an experienced criminal lawyer ensures your case is properly prepared for interviews, hearings, and potential trials. Delay in seeking representation can negatively impact your defence.
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Contact Us
At MK Law, we specialise in serious criminal offences, including Unintentional Killing in the Course or Furtherance of a Crime of Violence.
Our team will:
- Assess your case thoroughly.
- Develop a robust defence strategy.
- Explore all mitigating factors and potential defences.
Contact us at 1800 130 120 for a confidential consultation or visit marcus@mklawfirm.com.au to get the expert advice you need. Early preparation is critical to securing the best possible outcome.
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- 1800 130 120
- marcus@mklawfirm.com.au