On 23 July 2020, the Family Court Bomber, Leonard Warwick was found guilty of 3 murders, attempted murder and three other bombing incidents including the destruction of the Parramatta Court Building.
During the 1980’s, Leonard Warwick targeted Family Law Courts and legal personnel due to a bitter family court dispute with his now ex-wife. Leonard Warwick had shot and killed Family Law Justice David Opas presiding over his case. A few weeks later, Warwick triggered two bombs killing Jehovah’s Witness minister Graham Wykes, and Pearl Watson, the wife of a Family Law Court Justice.
Murder offence in NSW
Murder is an offence under s18(1) Crimes Act 1900 (NSW), which 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.”
Key Elements of the offence
In order to establish the offence of murder, the prosecution must prove beyond reasonable doubt that a person committed an:
- Act or omission,
- Causing
- the death of another person, and
- Had intention to kill or intention to cause Grievous Bodily Harm, OR
- Reckless indifference to human life
What are the penalties?
The offence of murder is punishable by life imprisonment. However, the Court has the discretion to give a sentence less than life imprisonment if there are mitigating circumstances that warrant a reduction (s21(3) Crimes Sentencing Procedure Act).
There is a standard non-parole period of 20 years for murder.
Not Guilty Plea
If the prosecution fails to prove any of the above key elements beyond reasonable doubt, the accused will be found not guilty of the offence.
It is also open to the accused to submit a legal defence:
- Involuntary Act
- Duress
- Extreme provocation
- Self-defence
- Mental Illness
If the accused validly raises any of the above defences, the onus is then on the prosecution to disprove the defence/s beyond reasonable doubt.
Downgrading the charge
In circumstances where the prosecution is unable to establish all the key elements, a formal letter can be sent to the police to negotiate the charges against the accused. During a charge negotiation, police can withdraw the murder charge or replace it with a less serious charge, such as manslaughter.
Furthermore, it should be noted that if the accused provides evidence for a partial defence, such as extreme provocation and mental illness, the Court will automatically reduce the charge of murder to manslaughter. The offence of manslaughter is discussed in detail here.
Pleading Guilty
In circumstances where the prosecution case is strong, the accused may choose to plead guilty to the murder offence. It is then open to the Court to reduce the penalty of life imprisonment where the accused submits evidence of mitigating circumstances.
Evidence of mitigating circumstances can include:
- Character reference letters
- No prior offences
- Apology Letter
- Proof of assisting the authorities
If you have been arrested or the police are looking to interview you regarding an investigation, Pannu Lawyers is able to advise you of your rights at every step of the criminal investigation & trial process. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales such as Blacktown Local Court, Mt Druitt Local Court, Parramatta Local Court & District Court, Burwood Local Court, Downing Centre Local Court & District Court, and Penrith Local Court. If your matter is at Blacktown Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
The above information is intended as general information and is not intended to be relied on as legal advice.
