A western Sydney man has been charged with the murder of his wife in Quakers hill. Police allege that the man took a 15-centimetre kitchen knife and slit his wife’s throat. The victim’s younger brother, who was also living in the house, found the victim’s body after returning home from work. The accused, Baltij Lailna, was arrested at the scene of the crime and taken to Blacktown Hospital for a mental health assessment before being charged with murder. He has since been refused bail. The couple who had been married for four years came to Australia two years ago. It has been reported that after an argument last month, the couple visited Quakers Hill Police station where officers took out an AVO on their behalf, but the couple were allowed to continue living together. A neighbour reported seeing the man chasing the victim four days prior to the fatal incident. This news comes in light of government fears that there might be a significant rise in domestic related offences due the COVID-19 restrictions.

Murder

Murder is an offence pursuant to section 18(1)(a) Crimes Act 1900, which states:

• (a) 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 harmupon 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.

(b) Every other punishable homicide shall be taken to be manslaughter.

Manslaughter

There are two broad categories of manslaughter:

1. Voluntary manslaughter, and
2. Involuntary manslaughter.

In offences of voluntary manslaughter, all the elements of murder are present, but the culpability of the offender is reduced by the reason of provocation or substantial impairment by abnormality of mind.

Involuntary manslaughter has two categories at common law:

1. Manslaughter by unlawful and dangerous act

As per Lane v R [2013] NSWCCA 317, in order to convict a person in this category of manslaughter, the prosecution must prove:

1. That the act causing death was in breach of criminal law,
2. that the act causing death was one that carried with it an appreciable risk of serious injury to another or others;

• that the act causing death was one that a reasonable person in the position of the accused would have realized carried such a risk; and

1. that the accused person intended to commit the act that caused death.

2. Manslaughter by criminal negligence

The full court in Nydam v R [1977] VR 430 concluded that:

“In order to establish manslaughter by criminal negligence, it is sufficient if the prosecution shows that the act which caused the death was done by the accused consciously and voluntarily, without any intention of causing death or grievous bodily harm but in circumstances which involved such a great falling short of the standard of care which a reasonable man would have exercised and which involved such a high risk that death or grievous bodily harm would follow that the doing of the act merited criminal punishment.”

In NSW, according to the NSW Bureau of Crime Statistics and Research, between December 2018 and December 2019 there were:

1. 73 murders,
2. 26 attempted murders,
3. 1 accessory to murder, and
4. 10 manslaughter.

Greater Sydney recorded 39 of the 73 murders in that 12-month period while Blacktown recorded:

1. 2 murders,
2. 1 attempted murder, and
3. 1 manslaughter.

Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local 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.