Murder and Manslaughter: frequently asked questions

Murder requires an intention to kill or cause serious injury, or knowledge that death would probably result. Manslaughter involves unlawful killing without the intent required for murder. Both are tried in the Supreme Court of Victoria.

Under the Crimes Act 1958 (Vic), murder requires proof of intent to kill or cause grievous bodily harm, or reckless indifference to human life. Manslaughter includes unlawful and dangerous act manslaughter and negligent manslaughter. The distinction has major consequences for penalty: murder carries up to life imprisonment; manslaughter carries up to 25 years.

Murder charges require a barrister for the trial. Sam Russo works with leading Victoria criminal barristers as part of a defence team. As instructing solicitor, Sam manages the case, prepares the brief, and coordinates the barrister and any expert witnesses.

The solicitor-barrister model is standard in serious criminal trials in Victoria. Sam Russo, as principal and instructing solicitor, plays a central role: advising on strategy, taking detailed instructions, obtaining forensic experts, and briefing a leading criminal barrister for the trial.

The Magistrates' Court hears summary offences and less serious indictable matters. The County Court hears serious indictable offences, often by jury trial. The Supreme Court handles the most serious charges, including murder, which carry potential life sentences.

Most criminal matters in Victoria begin in the Magistrates' Court. Summary offences, such as minor possession, common assault, and most traffic matters, are finalised there. Indictable offences that proceed to trial are committed to the County Court or, for murder and manslaughter, the Supreme Court of Victoria. The Children's Court handles accused persons under 18. Sam appears across all four courts.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.