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Murder is defined in the New South Wales (NSW) Crimes Act 1900 as follows:〔( Crimes Act 1900 - Section 18 Murder and manslaughter defined ); see (【引用サイトリンク】url=http://www.austlii.edu.au/au/cases/cth/HCA/2002/26.html ).〕 Under NSW State law, the maximum penalty for murder is 20 years with a standard non-parole period of 15 years, or 19 years for the murder of a child under the age of 18, and a mandatory sentence of life imprisonment without the possibility of parole if the victim is a police officer or public official. Attempted murder carries a maximum penalty of life or 17 years imprisonment.〔''Crimes Act 1900'' §§ 27-30〕 In order to be found guilty of murder under the New South Wales ''Crimes Act 1900'', intent to cause grievous bodily harm or reckless indifference to human life is sufficient to secure a conviction for murder. Reckless indifference to human life is characterised by the awareness of the probability (as opposed to possibility)〔''R v Crabbe'' (1985) 156 CLR 464 (AustLii ); see also ''Boughey v R'' (1986) 161 CLR 10 (AustLii )〕〔Murray(2002)211CLR193〕 of the accused's act resulting in a person's death (as opposed to merely resulting in grievous bodily harm).〔''Royall v R'' (1991) 172 CLR 378 (AustLii ); see also ''Campbell v R'' () NSWCCA 175 (AustLii )〕 ''Felony murder'' (called constructive murder in Australian jurisdictions)〔s 18 ''Crimes Act 1900'' (NSW) (); see also ''Ryan v R'' (1967) 121 CLR 205 (Austlii ); see also ''R v Munro'' (1981) 4 A Crim R 67 (AustLII ); also ''Mraz v. The Queen'' (1955) 93 CLR 493 ()〕 and murder by omission are also recognised crimes in this jurisdiction.〔''Taktak'' (1988) 14 NSWLR 226; see also ''Stone and Dobinson'' () 1 QB 354; see also ''Burns'' (2012) 246 CLR 334 (AustLII )〕 Section 23 of ''Crimes Act 1900'' provides for the partial defence of provocation.〔''Crimes Act 1900'' NSW s 23 ().〕〔See also "Davis v R" (1998) 100 Crim R 573. See also Edwards v R () AC 648〕 If proven by the defence where there is a charge of murder, the jury will be directed to reduce the offence to manslaughter.〔〔See also ''Stingel v R'' (1990) 171 CLR 312 (Austlii ); ''Singh v R'' () NSWSC 637 (7 June 2012) (Austlii ); ''R v Fahda'' ()(); see also ''Moffa v R'' (1977) 138 CLR 601 (Austlii )〕 If prior to or at the time of the committal proceedings an offender enters a plea of guilty to the lesser offence of manslaughter on the grounds of provocation, and it is accepted by the Crown, they are entitled to a discount on their corresponding sentence.〔''R v Bryan Steven Johnson'' () NSWCCA 129 (22 May 2003)(); see also ''R v Won'' () (); ''R v Sparks; R v D Stracey; R v P Stracey'' () ()〕 However, this is not the case in Victoria, Tasmania or Western Australia - the ''Crimes Act 1958 (VIC)'', in Section 3B, states: In any jurisdiction within Australia, the maximum penalty for murder is life imprisonment; this is the mandatory penalty in Queensland, South Australia and the Northern Territory. Many other jurisdictions (among them Canada, England and Wales, and the Republic of Ireland) sentence anyone convicted of murder, under any circumstance, to life imprisonment. The maximum penalty for murder in the United States (to anyone not sentenced to death) and New Zealand, is also life imprisonment. In assessing guilt for murder, the intention in the precise method in which death occurred is irrelevant as long as the requisite mens rea and actus reus is satisfied. The relevant actus reus for murder is where an act (or omission) has caused death.〔(''Crimes Act 1900'' NSW s 18 )〕 The mens rea for murder is an intent to kill, an intent to inflict grievous bodily harm,〔''R v Crabbe'' (1985) 156 CLR 464 (AustLii ); see also ''Boughey v R'' (1986) 161 CLR 10 (AustLii )〕 or reckless indifference to human life, where the defendant foresaw the probability, as opposed to possibility, of his or her actions resulting in death.〔'' Royall v R'' (1991) 172 CLR 378 (AustLii )〕 In NSW, a person can also be found guilty of murder if they kill a person during or immediately after the commission of a crime that is punishable by imprisonment of 25 years or more.〔Crimes Act 1900 (NSW) s 18 (AustLii ); see also Ryan v R (1967) 121 CLR 205 (AustLii )〕 ==References== 〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Murder (Australian law)」の詳細全文を読む スポンサード リンク
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