For murder and manslaughter, please see this page for more detailed information.
Violent offences are known as ‘purely indictable offences’ which means they can only be dealt with by a jury. These offences usually attract lengthy terms of imprisonment.
Some of the common offences dealt with by the team at Liberty Law are:
- Abduction: up to 14 years of imprisonment.
- Accessory after the fact to murder: up to seven years of imprisonment.
- Accessory to murder: up to seven years of imprisonment.
- Aggravated assault: up to three years of imprisonment.
- Aggravated burglary (burglary which includes violence upon someone): up to 14 years of imprisonment.
- Aggravated robbery: up to 14 years of imprisonment.
- Attempted murder: up to 14 years of imprisonment.
- Aggravated wounding or injury (including charges towards children): up to 14 years of imprisonment.
- Assault with intent to injure: up to three years of imprisonment.
- Assault on child, or by a male on a female: up to two years of imprisonment.
- Conspiracy to murder: up to 10 years of imprisonment.
- Cruelty to a child: up to five years of imprisonment.
- Disabling (i.e. stupefies or render unconscious any other person): up to five years of imprisonment.
- Discharge firearm or doing dangerous act with intent: up to 14 years of imprisonment.
- Injuring with intent to cause grievous bodily harm: up to 10 years of imprisonment.
- Injuring with intent to injure, or with reckless disregard for the safety of others, injures any person: up to five years of imprisonment.
- Kidnapping: up to 14 years of imprisonment.
- Killing unborn child: up to 14 years of imprisonment.
- Procuring abortion: up to 14 years of imprisonment.
- Wounding with intent to cause grievous bodily harm: up to 14 years of imprisonment.
- Wounding with intent to injure or with reckless disregard wounds, maims, disfigures, or causes grievous bodily harm: up to seven years of imprisonment.
In defending these charges often expert evidence is essential, and at Liberty Law we have established relationships with such experts.
It is also essential to know that since 2010, the Sentencing and Parole Reform Act has imposed a graduated scale of harsher penalties for repeat criminals who are convicted of one of 40 violent or sexual offences. This includes an offender receiving a normal sentence and a warning for strike one, a sentence without parole for strike two, and the maximum sentence for that offence without parole for strike three.
Should a person be sentenced on a serious violent charge, it is important to note that our Courts have set down strict guidelines for the sentence of many of the serious offences against a person. This means that if found guilty, or pleading guilty to such crimes, then the Courts will dictate the likely sentence.
The Court states that a prison sentence can range from three years to the maximum sentence. It will only be in exceptional cases that a starting imprisonment sentence will be less than three years. In those circumstances an application can be made for home detention, which is an electronically monitored sentence in which the recipient is required to wear an electronic ankle bracelet.
There is also case law guidelines set down for aggravated robbery charges, which dictate the length of sentences. The Court has set down strict guidelines for sentencing on this charge which are dependent on the aggravating and mitigating features that are present in the offence. Sentencing can range from non-custodial sentences (i.e. a sentence other than imprisonment), to the maximum sentence of 14 years of imprisonment.
It should also be noted that the same case law dictates sentencing guidelines for the charge of aggravated burglary.
At Liberty Law we recognise that mounting a strong defence is vital.
Read more in Part 10 of The Crimes Act 1961.