As outlined under section 18 of the Crimes Act 1900:

1. (a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

Accordingly, to be convicted of the offence of murder, it is required that the prosecution prove beyond reasonable doubt that it was the intentional or reckless act or omission of the accused that caused the death of another.

Possible defences for murder include but are not limited to:

  • Self Defence
  • Duress
  • Necessity

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