Murder and Manslaughter Under Queensland Law
Murder (Section 302, Criminal Code Act 1899)
Under section 302 of the Criminal Code Act 1899 (Qld), a person commits murder if they unlawfully kill another person in any of the following circumstances: with the intention of causing death or grievous bodily harm; with reckless indifference to human life; in the prosecution of an unlawful purpose likely to endanger life; or by administering a stupefying or overpowering substance in furtherance of a crime.
Under section 305, the penalty for murder is mandatory life imprisonment, which cannot be reduced or varied. The minimum non-parole period is generally 20 years. If the victim was a police officer on duty, the minimum non-parole period is 25 years. If the offender has previously been convicted of murder, the minimum is 30 years.
Manslaughter (Sections 303 and 310)
Under section 303, an unlawful killing that does not amount to murder constitutes manslaughter. Section 310 provides that manslaughter carries a maximum penalty of life imprisonment, but unlike murder, this penalty is not mandatory. Courts have discretion to impose lesser sentences depending on the circumstances.
Manslaughter typically involves unlawful killings where there was no intent to cause death or grievous bodily harm, or where a partial defence reduces the charge from murder.
Related Offences
Attempted murder (Section 306) — carries a maximum penalty of life imprisonment.
Accessory after the fact to murder (Section 307) — carries life imprisonment and applies to anyone who assists a person they know to have committed murder.
Unlawful striking causing death (Section 314A) — applies to one-punch deaths and carries life imprisonment.
