An extremely shocking video has emerged of what looks to be the murder of an unarmed Afghan man by an ex Australian soldier.  The Afghan man seemed to be carrying only his prayer beads in his hand.  The video shows that the man had no other items in his hands.  The Soldier called out to his superior officer “Do you want me to drop this c—“? There was no answer.  The footage then shows the soldier shooting the young man deadWARNING: video contains graphic content.  The ex Australian soldier may be facing serious war crimes which is an indictable offence.  A serious war crime includes intentionally killing civilians or prisoners.  Punishment, of this offence, is imprisonment for life or for any lesser term.    


What is Murder and Manslaughter?  Section 18 of the Crimes Act 1900 (“The Act”) states that 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.  However, the court does have the power to authorise a lesser sentence than life in imprisonment.

National Criminal lawyers have appeared in a number of murder matters and have been successful in defending the individual that was charged with murder/manslaughter.  The prosecution could not establish each of the elements of the office.  Our senior criminal law solicitors offer a number of options for those who have been charged with murder/manslaughter.  These include: entering in negotiations with the prosecutors which is known as “plea negotiations”.  These negotiations include having the charges withdrawn, downgrade or amend the fact sheets.  Our specialised solicitors can also plead not guilty and go into hearing or trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt or they can enter a plea of guilty and dispute the facts at a special “disputed facts” hearing with the view of having you sentenced less harshly.  Or, plead guilty with the full acceptance of the facts and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Have you been convicted of murder or manslaughter.  Give our office a call and speak to one of our senior solicitors who specialise in all criminal matters.  Don’t waste your time in researching any other lawyers.  With the most sought after criminal lawyers you will be guaranteed that we are the best defenders of your rights.


Mens Rea is the mental element of murder.  This is where the accused has the intention to kill or inflict grievous bodily harm or was reckless to human life.  The Crown has to prove beyond reasonable doubt that, at the time, he or she did the deliberate act which caused death.

Actus Reus is the voluntary act or omission that is the physical element.  This is also known as the ‘guilty act’.  This is the consequence of the conduct and the factors that impinge upon the mens rea of the offender.

Murder is an indictable offence where matters are held in the Supreme Court or the District Court on behalf of the Crown.  There are two types of offences indictable and summary offences.


What are offences?  There are two type of offences in New South Wales.  These are an indictable and summary offence.

Indictable offences (strictly indictable) are punishable by information (an indictment) and are held in the Supreme Court and District Court.  The punishment for an indictable offence is term of punishment and a court may impose a fine.

Summary offences is an offence that is not indictable.  This offence is required to be dealt by the Local Court.

If you have been charged with either an indictable or summary offence or any other offence for that matter, make a call to our office and speak with one of our solicitors that specialise in all criminal offence.  Our lawyers are committed to their quality and are extremely sensitive to client’s needs and concerns.  Our lawyers that only specialise in criminal matters understand how the law works will be providing you with the best service.

A good defence lawyer will negotiate with prosecutors to downgrade the facts or, will enter a plea of Not Guilty and go to hearing or trial and will be able to persuade the court that the prosecution has not proven its case beyond reasonable doubt.  A good defence lawyer can also plead Guilty to the elements and dispute the facts and have you sentenced less harshly.

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