Man charged with Attempted Murder
A 42 year old male was shot in the chest by a Marleston man in Blair Athor, Adelaide. The police reported that the gunshot injury of the victim was not a life-threatening.
He was rushed immediately to Lyell McEwin Hospital after the shooting incident. While the accused was arrested and a proper charge was filed against him, the local authorities believe that another person is involved in the incident.
The Crime of Murder in South Australia, including its definition and penalties, is covered by the Criminal Law Consolidation Act 1935. Murder under the criminal law system is an act of violence committed by any person who causes the death of another person, the said act having done with reckless indifference to human life or with intent to kill or inflict grievous bodily harm to the victim.
Under Part 3 Offences against the person of the above cited Act, there are several circumstances on when a person can be held guilty of Homicide including Murder. This includes: Murder, Conspiring to commit Murder, Causing death by an intentional act of violence, Manslaughter, and those Offences committed in connection with Suicide.
The Crime of Murder is punishable by life imprisonment. For attempted murder, Division 2, 270A of the Act provides that the penalty shall be life imprisonment or imprisonment for a lesser term.
Defences to Murder vary according to the circumstances of each case but it may include Self-Defence or Defence of Life and the Defence of Property. In case of Self Defence, the defendant must show that he genuinely believed that a threat or danger to his person exists and that his acts are necessary and reasonable in defending himself.
In the Defence of Property, the defendant must show that he is protecting his property from some unlawful acquisition, destruction or damage made by another party; or he is preventing trespass to his land or property; or he is making or assisting a lawful arrest. He must also show that he did not intend to cause death in his act of defence. And that the said act was conducted on the belief that the threat to his property is genuinely real.
In all cases the conduct of the defence made by the defendant should be reasonably proportionate to the threat or danger that he is defending from. It is also important that the defendant genuinely believed that the said threat or danger exists.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.