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In Victoria, there are different offences that relate to the unlawful killing of another person including murder, other offences related to murder, manslaughter, child homicide and driving causing death.
Lauren Tye Legal frequently appears for those charged with homicide and unlawful death offences. If you or someone you know has been charged with murder or manslaughter, it is imperative to seek legal advice. Contact our team of expert criminal lawyers.
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It is imperative when charged with a grave offence such as murder you have immediate and in person legal advice.
Lauren Tye Legal will attend at the police station no matter the date or time to personally advise accused persons, persons of interest and families in serious homicide matters.
Lauren Tye will ensure you have clear legal advice from first police contact through to the completion of your matter. Lauren Tye is admitted in Victoria and South Australia and has acted in homicide matters across Australia and the United Kingdom.
Lauren Tye defends serious death-related charges across Victoria, from police contact to sentence.
Defence for murder allegations involving investigation, forensic evidence, bail and Supreme Court trial.
Defence for unlawful and dangerous act manslaughter and criminal negligence manslaughter.
Defence for child-death allegations involving medical, forensic and factual evidence.
Defence for culpable and dangerous driving causing death, including causation and expert evidence.
Defence for workplace-death allegations involving duties, negligence and systems of work.
Defence for suicide-related offences and failing to stop or assist after a serious accident.
Maximum penalties under Victorian law. Homicide offences carry the most serious penalties in the Crimes Act 1958, including life imprisonment and standard sentences for category murders. Contact Lauren for advice specific to your charge.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Murder & Manslaughter — Victoria | |||
| Murder | Crimes Act 1958 (Vic), s 3 | Life imprisonment; standard sentence 25 years, or 30 years for specified murders | Supreme Court |
| Unintentional killing in course or furtherance of crime of violence | Crimes Act 1958 (Vic), s 3A | Murder liability provision | Supreme Court |
| Manslaughter, including single-punch / single-strike deeming rule | Crimes Act 1958 (Vic), ss 5, 4A | 25 years' imprisonment | Supreme / County |
| Homicide by firearm | Crimes Act 1958 (Vic), s 5B | 25 years' imprisonment; standard sentence 13 years | Supreme / County |
| Child homicide | Crimes Act 1958 (Vic), s 5A | 25 years' imprisonment | Supreme / County |
| Infanticide | Crimes Act 1958 (Vic), s 6 | 5 years' imprisonment | Supreme / County |
| Survivor of suicide pact / suicide pact manslaughter | Crimes Act 1958 (Vic), ss 6B(1), 6B(1A) | 10 years' imprisonment | Supreme / County |
| Petit treason deemed murder | Crimes Act 1958 (Vic), s 8 | Deemed murder | Note only |
| Treason involving killing of the Sovereign, eldest child and heir apparent, or Consort | Crimes Act 1958 (Vic), s 9A | Life imprisonment | Supreme Court |
| Driving Causing Death — Victoria | |||
| Culpable driving causing death | Crimes Act 1958 (Vic), s 318(1) | 20 years' imprisonment, level 3 fine, or both; standard sentence 8 years | County Court |
| Dangerous driving causing death | Crimes Act 1958 (Vic), s 319(1) | 10 years' imprisonment | County Court |
| Failing to stop and render assistance after motor vehicle accident involving death or serious injury | Road Safety Act 1986 (Vic), s 61(3) | 10 years' imprisonment or 1200 penalty units | County Court |
| Failing to stop and render assistance after specified non-motor vehicle accident involving death or serious injury | Road Safety Act 1986 (Vic), s 61A | 5 years' imprisonment or 600 penalty units | Court depends on charge |
| Other Death-Causing / Death-Related — Victoria | |||
| Arson causing death | Crimes Act 1958 (Vic), s 197A | 25 years' imprisonment | Supreme / County |
| Workplace manslaughter | Occupational Health and Safety Act 2004 (Vic), s 39G | 25 years for a natural person or officer; 100,000 penalty units for a body corporate | Indictable only; not heard summarily |
| Failure to control dangerous, menacing or restricted breed dog causing death | Crimes Act 1958 (Vic), s 319B | 10 years' imprisonment | County Court |
| Inciting or aiding suicide | Crimes Act 1958 (Vic), s 6B(2) | 5 years' imprisonment | Supreme / County |
| Piracy with violence | Crimes Act 1958 (Vic), s 70A | 20 years' imprisonment | Supreme / County |
Crimes Act 1958 (Vic), s 3
Life imprisonment; standard sentence 25 years, or 30 years for specified murders
Supreme Court
Crimes Act 1958 (Vic), s 3A
Murder liability provision
Supreme Court
Crimes Act 1958 (Vic), ss 5, 4A
25 years' imprisonment
Supreme / County
Crimes Act 1958 (Vic), s 5B
25 years' imprisonment; standard sentence 13 years
Supreme / County
Crimes Act 1958 (Vic), s 5A
25 years' imprisonment
Supreme / County
Crimes Act 1958 (Vic), s 6
5 years' imprisonment
Supreme / County
Crimes Act 1958 (Vic), ss 6B(1), 6B(1A)
10 years' imprisonment
Supreme / County
Crimes Act 1958 (Vic), s 8
Deemed murder
Note only
Crimes Act 1958 (Vic), s 9A
Life imprisonment
Supreme Court
Crimes Act 1958 (Vic), s 318(1)
20 years' imprisonment, level 3 fine, or both; standard sentence 8 years
County Court
Crimes Act 1958 (Vic), s 319(1)
10 years' imprisonment
County Court
Road Safety Act 1986 (Vic), s 61(3)
10 years' imprisonment or 1200 penalty units
County Court
Road Safety Act 1986 (Vic), s 61A
5 years' imprisonment or 600 penalty units
Court depends on charge
Crimes Act 1958 (Vic), s 197A
25 years' imprisonment
Supreme / County
Occupational Health and Safety Act 2004 (Vic), s 39G
25 years for a natural person or officer; 100,000 penalty units for a body corporate
Indictable only; not heard summarily
Crimes Act 1958 (Vic), s 319B
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 6B(2)
5 years' imprisonment
Supreme / County
Crimes Act 1958 (Vic), s 70A
20 years' imprisonment
Supreme / County
Penalties shown are maximums only and are based on authorised Victorian legislation. Standard sentences are not minimums. PU means Victorian penalty unit, currently $203.51 for 2025–26 and adjusted annually. This is general information only.
Get legal advice before you respond. What you say, hand over, consent to or post early can affect bail, charges and the direction of the case.
Say: “I want to speak to my lawyer before answering any questions.”
Do not unlock devices, give passwords or hand over property without advice. Do not obstruct police with lawful authority.
Record what happened and keep it for your lawyer only.
Do not delete, change or explain anything. Do not contact witnesses yourself.
Death-related investigations can involve bail, forensic evidence, committals and Supreme Court proceedings.
Call Lauren Tye on 0451 877 714.
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Early legal advice can help you avoid unnecessary admissions, protect your licence, and prepare properly for court. For urgent traffic offence advice in Victoria, contact Lauren Tye on 0451 877 714.
Lauren Tye defends clients facing homicide and death-related charges across Victoria, including matters involving Homicide Squad investigations, forensic evidence, bail, committals and Supreme or County Court trials.
She works with counsel, forensic experts and investigators to test the prosecution case, identify the real issues and prepare a strategic defence from the outset.
Lauren provides representation for:
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
Murder usually requires intent to kill or cause really serious injury, or knowledge that death or really serious injury was probable.
Manslaughter is unlawful killing without that level of intent.
It often involves an unlawful and dangerous act, criminal negligence or a killing where murder cannot be proved.
Murder carries a maximum penalty of life imprisonment.
Manslaughter carries a maximum penalty of 25 years’ imprisonment.
Driving causing death and workplace manslaughter can also carry serious prison terms.
Murder is a Category 1 offence, meaning imprisonment is required unless a limited exception applies.
It is also a standard sentence offence: 25 years in most cases, or 30 years for certain murders of custodial officers or emergency workers.
A standard sentence is not a minimum. It is a guidepost for a mid-range offence.
Murder and manslaughter are usually heard in the Supreme Court after committal.
Driving causing death charges are generally heard in the County Court.
Bail is difficult but possible. Murder usually requires exceptional circumstances; other serious charges may require a compelling reason.
Get legal advice before answering questions or giving a statement. In general, you have the right to silence, although you may need to provide basic details such as your name and address. If police ask to interview you, say: “I want to speak to my lawyer before answering any questions.”
Yes. Murder does not always require an intention to kill. It may be alleged where a person intended to cause really serious injury, knew death or really serious injury would probably result, or where s 3A applies to an unintentional killing during a crime of violence.
The main difference is the accused person’s state of mind. Murder usually involves intent to kill or cause really serious injury, or knowledge that death or really serious injury was probable. Manslaughter is an unlawful killing without that level of intent, often involving an unlawful and dangerous act or criminal negligence.
A Category 1 offence is a serious offence where imprisonment is generally required unless a limited statutory exception applies. Murder is a Category 1 offence in Victoria.
A standard sentence is not a minimum sentence. It is a guidepost for an offence in the middle range of objective seriousness. Murder has a standard sentence of 25 years in most cases, or 30 years for certain murders of custodial officers or emergency workers.
Bail is difficult in homicide matters, but not impossible. Murder usually requires exceptional circumstances. Other serious death-related charges may require a compelling reason. The outcome depends on the charge, alleged facts, prosecution case, personal circumstances and proposed bail conditions.
Workplace manslaughter involves negligent conduct that breaches an applicable workplace safety duty and causes death. The maximum penalty is 25 years’ imprisonment for a natural person, or 100,000 penalty units for a body corporate.
Culpable driving causing death is where a person causes another person’s death by culpable driving of a motor vehicle. It may involve allegations of recklessness, gross negligence or driving affected by alcohol or drugs. The maximum penalty is 20 years’ imprisonment, a level 3 fine, or both.
Dangerous driving causing death is where a person causes death by driving at a speed, or in a manner, dangerous to the public in all the circumstances. The maximum penalty is 10 years’ imprisonment.
Possibly. Family members may attend court, and if there is a plea or finding of guilt, victim impact material may be used at sentencing. Your lawyer can explain what to expect and how court appearances are managed.
Yes, depending on the evidence. A homicide or death-related charge may be reduced, withdrawn or resolved through negotiations with the prosecution, but only where the evidence and public interest support that outcome. The DPP policy recognises resolutions where an accused pleads guilty to particular charges and the prosecution withdraws, discontinues or does not proceed with others.
Homicide proceedings often take time. Serious indictable matters usually start in the Magistrates’ Court at the committal stage and, if there is sufficient evidence, move to the County Court or Supreme Court. Timing depends on the charge, bail, disclosure, forensic evidence, expert reports, negotiations and whether the case resolves or proceeds to trial.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Homicide matters usually start in the Magistrates’ Court before committal to a higher court.
Murder and manslaughter are generally heard in the Supreme Court. Driving causing death charges are commonly heard in the County Court. Workplace manslaughter cannot be finalised in the Magistrates’ Court.
Lauren Tye appears across Victorian criminal courts, from first police contact through to bail, committal, trial, sentence and appeal.
Lauren Tye appears in the Supreme Court, County Court and Magistrates’ Courts of Victoria for homicide and death-related matters across metropolitan Melbourne and regional Victoria.
Other practice areas: Assault and Violence · Traffic & Driving Offences · Drug Offences
