If you’ve been charged with murder, exercise your right to remain silent, except when required to provide identifying information, and contact us immediately.
Few events in life carry the weight of a murder charge. The risk of losing your freedom is just one aspect—employment prospects may be jeopardised, personal relationships can suffer, and the long-term consequences may follow you for years to come.
But if you find yourself facing this situation, remember that charges are not convictions. You have rights, defences, and legal options available.
In this article, we explain what you need to know about murder charges in Queensland and the immediate steps to protect your future.
What are murder charges in Queensland?
Under section 302 of the Criminal Code Act 1899, a person can be charged with murder in Queensland in several situations, including:
- Intending to kill or cause serious harm: If someone meant to kill or seriously hurt a person, even if it wasn’t the person who died.
- Reckless indifference to human life: If someone did something (or failed to act) knowing it was likely to cause death, even if they didn’t mean to kill.
- Death during a dangerous crime: If someone does something illegal that’s likely to put lives at risk (like armed robbery), and someone dies—even if they didn’t plan for anyone to get hurt.
- Harming to commit or escape a serious crime: If someone meant to seriously hurt someone to carry out or escape from a serious offence (where arrest without a warrant applies), and someone dies
- Using drugs to overpower someone: If a person gives someone drugs to commit or escape a serious crime, and that person dies.
- Stopping someone’s breathing: If someone deliberately stops another person from breathing to commit or get away from a serious offence, and death results, even if they didn’t mean to kill.
The law is clear: under certain circumstances, it doesn’t matter if the person didn’t intend to kill the specific individual who died or didn’t know death was likely.
What to Do Immediately After Being Charged with Murder
The first 48 hours after receiving murder charges are critical for your defence. Here’s what you must do immediately:
- Stay silent: You are not required to answer police questions, except to confirm your name and address. Anything you say to police, even casually, can be used as evidence against you in court.
- Request a lawyer immediately: You’re entitled to speak with a lawyer before answering any questions. Contact our 24-hour hotline to get expert representation from one of our experienced Murder & Manslaughter Lawyers Brisbane and Gold Coast.
- Do not sign anything without legal advice: Police may ask you to sign statements or documents that could damage your defence. Always have a lawyer review them first.
- Don’t discuss your case with anyone except your lawyer: Conversations with friends, family, or cellmates are not legally protected and could be used against you later.
- Preserve evidence supporting your innocence: Keep phone records, receipts, or documentation that contradicts murder allegations
- Don’t investigate on your own: Contacting witnesses can be seen as intimidation, worsening your position when facing serious charges
- Inform trusted family members: This can be a difficult time. Having support from your family can make a difference.
Does Queensland recognise degrees of murder?
- Australian law does not categorise murder into degrees like in some other countries such as the United States. All intentional unlawful killings are treated under a single offence of murder. However, the prosecution must still prove the elements of the offence beyond reasonable doubt.
What are the penalties?
Murder carries mandatory life imprisonment in Queensland. Courts cannot reduce this sentence under any circumstances.
- General life imprisonment: At least 20 years before parole eligibility under section 181 of the Corrective Services Act 2006 (Qld)
- Multiple murders or previous murder conviction: At least 30 years before parole eligibility, unless released sooner under exceptional circumstances.
- Killing a police officer on duty: Minimum 25 years before parole eligibility where the officer was killed while performing their duty, or because of or in retaliation for their actions as a police officer
Murder and Associated Crimes – How are they Different?
| Charge | What It Means | Maximum Sentence |
| Murder | Intentional killing where the person meant to cause death or serious injury | Life imprisonment |
| Manslaughter | Unlawful killing without purpose to kill; through negligent, reckless acts, or killing during extreme provocation/impaired mental state | Life imprisonment |
| Attempted Murder | Trying to unlawfully kill another person by any means, act or failure to act, but the person survives | Life imprisonment |
Possible Legal Defences
Several defences may apply when facing murder charges. Complete defences can lead to you being acquitted, while partial defences reduce the charge from murder to manslaughter:
Complete Defences
- Self-defence: You honestly believed someone was about to seriously harm or kill you, and the force you used to protect yourself was reasonable in the situation, even though it caused death.
- Mental impairment: A serious mental illness prevented you from understanding what you were doing, controlling your actions, or knowing what you did was wrong.
- Accident: The death happened completely by accident and was not something you intended or could have reasonably expected to happen.
Partial Defences
- Killing for preservation in an abusive domestic relationship: You killed your abusive partner because you believed it was necessary to save your own life or prevent serious injury, and there was a history of serious domestic violence against you in the relationship.
- Provocation: You killed someone in the heat of the moment after they did something that suddenly provoked you, and you didn’t have time to calm down.
- Diminished responsibility: A mental condition substantially affected your ability to understand what you were doing, control yourself, or know that you shouldn’t do it.
Important: If any defence is raised, the prosecution must prove beyond reasonable doubt that it doesn’t apply. When facing murder charges, it’s essential to explore all possible defences with experienced Criminal Defence Lawyers like ours.
What If I’m Wrongfully Accused?
Although rare, false murder accusations can arise from:
- Mistaken identity: Witnesses incorrectly identified you as the perpetrator
- Fabricated evidence: Someone planted evidence or lied to frame you
- Unreliable witness testimony: Witnesses were lying, confused, or influenced by police
- Deliberate frame-ups: The real killer set you up to take the blame
What Criminal Defence Lawyers Will Do
- Investigate prosecution evidence for inconsistencies
- Interview witnesses independently
- Review forensic evidence with independent experts
- Examine CCTV footage and phone records
- Establish alibis using verifiable proof
You Should:
- Preserve evidence supporting your innocence
- Provide complete information to your lawyer
- Follow legal advice strictly
- Avoid discussing the case publicly
The Criminal Justice Process for Murder Charges in Queensland
1. Initial Stages (Magistrates Court):
- First mention: All criminal charges, including murder, start in the Magistrates Court. This is a brief appearance where the charge is read, and the matter is usually adjourned to allow time for legal advice.
- Bail applications: Bail for murder charges is difficult and can only be granted by the Supreme Court. Early legal advice is essential.
- Evidence disclosure: The police (via the prosecution) must provide your legal team with the brief of evidence, including statements, forensic material, and other evidence.
- Committal hearing: The Magistrates Court holds a hearing to decide if there is enough evidence for your case to go to trial in the Supreme Court. If the Magistrate finds there is sufficient evidence, your case will be sent (“committed”) to the Supreme Court for trial.
2. Supreme Court Trial:
- Indictment filed: The Office of the Director of Public Prosecutions (ODPP) will file an indictment in the Supreme Court listing the charges.
- Pre-trial steps: May include legal arguments, disclosure issues, or plea discussions.
- Trial: Murder trials are heard in the Supreme Court before a judge and a 12-person jury. The prosecution must prove guilt beyond reasonable doubt.
- Verdict and sentencing: If found guilty, sentencing follows. Murder carries a mandatory life sentence. Note, however, that even if you are charged with murder, the jury can find you not guilty of murder but guilty of the lesser offence of manslaughter if the evidence supports it. This is called an alternative verdict and can occur even without a partial defence being raised.
Bail Considerations
Obtaining bail when facing a murder charge is extremely difficult, but not impossible.
Show cause applies:
Section 16(3)(b) of the Bail Act 1980 (Qld) classifies murder as a show cause offence. This requires the accused to convince the court that continued detention is not warranted. Only the Supreme Court can decide on bail in such cases.
Supporting Factors May Include:
- Strong community ties and a stable residence
- Ongoing employment or education
- No prior criminal record
- Significant surety (e.g., $50,000–$500,000 or more)
- Positive character references from respected community members
Typical Conditions:
- Regular police reporting
- Surrender passport
- No contact with witnesses
- Curfew and residential restrictions with monitoring
Moving Forward
Facing murder charges feels devastating, but maintaining perspective is crucial:
- Charges are not convictions: Prosecution must prove guilt beyond reasonable doubt to all 12 jurors
- Strong defences exist: Self-defence, mental health issues, and procedural errors create opportunities
- Expert representation makes the difference: Quality legal representation often determines whether someone facing murder charges achieves freedom. Don’t hesitate to talk to one of our Murder & Manslaughter Lawyers Brisbane & Gold Coast
Focus On:
- Following your lawyer’s advice completely
- Maintaining physical and mental health during this period
- Cooperating fully with your defence team
Avoid:
- Discussing your case with others
- Making statements to the media
- Attempting your own investigation
Expert Criminal Defence Lawyers on Your Side
At Hannay Lawyers, we understand the stress you’re experiencing after receiving murder charges. Our award-winning criminal defence team has extensive experience defending diverse cases in Queensland.
Our Approach:
- Immediate action to protect your rights
- Comprehensive case investigation
- Expert witness coordination
- Strong courtroom advocacy
- Compassionate client support
We Provide:
- 24/7 availability for urgent matters
- Detailed case analysis and strategy
- Expert legal advice at every stage
- Fight for the best possible outcome
Don’t delay! Every moment without proper legal representation could impact your case. Contact one of our experienced Brisbane Criminal Lawyers and Gold Coast Criminal Lawyers for prompt legal help.
