Murder is the most serious charge in the WA criminal justice system, governed by Section 279. Unlike manslaughter, murder requires a specific mental state—either an intent to kill or an intent to cause an injury likely to endanger life.
What the Law States A person commits murder if they unlawfully kill another and:
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Intended to cause the death of the person killed or another person; OR
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Intended to cause a bodily injury likely to endanger life; OR
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Caused death through an act done in pursuit of an unlawful purpose which was likely to endanger life.
Mandatory Sentencing Adults convicted of murder face a mandatory sentence of life imprisonment unless a life sentence would be “clearly unjust” and the person is not a threat to the community. In such rare cases, a minimum term of 20 years is set.
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Parole Eligibility: When a life sentence is imposed, the court sets a minimum “non-parole period,” typically starting at 15 years, or higher if the murder occurred during a home burglary or involved other aggravating factors.
What the Prosecution Must Prove
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Identity: The accused is the person who committed the act.
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Death: A human being was killed.
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Intent: At the time of the act, the accused had the specific intent to kill or cause life-threatening harm.
Partial Defences Certain defences do not result in an acquittal but “downgrade” murder to manslaughter:
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Provocation: If the accused acted in the heat of passion caused by sudden provocation.
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Excessive Self-Defence: If the accused believed they were defending themselves but used more force than was reasonable.
Court Jurisdiction All murder charges are heard in the Supreme Court of Western Australia, typically before a Judge and Jury.
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