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Criminal Procedure Act 2011

Trial - Provisions applying to jury trials - Part of murder charge proved

110: Part of murder charge proved

You could also call this:

"When someone is charged with murder, you can find them guilty of a lesser crime if that's what the evidence shows"

Illustration for Criminal Procedure Act 2011

If you are on a jury for a murder case, you can make some special decisions. You may find the person guilty of trying to commit murder, in accordance with section 149. You can also find the person guilty of manslaughter if the evidence shows they are guilty of that, but not of murder. You cannot find the person guilty of any other crime, except in one special case, which is explained in section 178(2) of the Crimes Act 1961, and this is about infanticide. This means you have to be careful about what you decide, and you can only choose from a few options.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 4Trial
Provisions applying to jury trials: Part of murder charge proved

110Part of murder charge proved

  1. On a charge of murder, the jury—

  2. may,—
    1. in accordance with section 149, find the defendant guilty of an attempt to commit murder; or
      1. if the evidence proves manslaughter but does not prove murder, find the defendant guilty of manslaughter; but
      2. must not on that charge, except in accordance with section 178(2) of the Crimes Act 1961 (which relates to infanticide), find the defendant guilty of any other offence.

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