Bryan Kohberger, 28, is accused of killing four University of Idaho students in November 2022 and is awaiting trial set to begin 2 October 2023.
Kohberger has pleaded not guilty to four charges of first-degree murder and one charge of burglary in the alleged murder of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin at a home neighbouring the victims university campus.
The case has garnered an astronomical amount of media attention and speculation. A Judge has therefore issued a strict gag order, prohibiting all lawyers and officers involved in the case from revealing anything publicly, beyond what is already in the public record.
Murder
In New South Wales, Murder, as defined by s 18(1)(a) Crimes Act 1900 (NSW), is made out where a voluntary act or omission of the accused causes the death of the deceased, and the act is committed with:
1. an intent to inflict grievous bodily harm, or
2. an intent to kill, or
3. reckless indifference to human life
Murder is also committed when a voluntary act or omission of the accused, that causes the death of a person, was done in an attempt to commit an offence punishable by at least 25 years imprisonment. This is called “constructive murder”.
Manslaughter
Manslaughter is any unlawful killing of another human being, which does not amount to murder. Manslaughter is a crime under section 18(b) of the Crimes Act. There are two broad categories of manslaughter: voluntary manslaughter and involuntary manslaughter.
Voluntary manslaughter is established in circumstances where the accused could be charged with murder, but there are mitigating circumstances such as provocation or substantial mental impairment which reduce the offender’s culpability.
There are two types of involuntary manslaughter recognised at common law:
1. Manslaughter by unlawful and dangerous act
2. Manslaughter by criminal negligence
An assault which results in death could be charged as involuntary manslaughter by an unlawful and dangerous act.
Criminal negligence occurs where there is “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.” Many cases of manslaughter by criminal negligence involve the failure of parents to obtain medical assistance for their child who has suffered serious injury.
Bail for Murder Charges
It is possible to be granted bail in a murder charge, although difficult, particularly since the implementation of new laws. Murder is a “show cause” offence. This means that there is a presumption against bail, and it is the responsibility of the accused to show the Court why their detention is not justified. ‘Show cause’ is a relatively new concept in New South Wales, introduced in 2015.
The show cause requirement only applies to adults. Juveniles who are charged with serious offences do not have to show cause why they should be granted bail.
Offences that attract the ‘show cause’ requirement is listed in section 16B of the Bail Act 2013 and include the following:
- Any offence that carries life imprisonment.
- Any serious indictable offence involving sexual intercourse with a person under the age of 16;
- Any serious personal violence offence if the accused has already been convicted of a serious personal violence offence.
- Any serious indictable offence involving a weapon.
- Any offence that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or plant.
- Any offence that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug.
- Any serious indictable offence committed by an accused who is on bail or parole.
- Any indictable offence committed while accused is subject to a supervision order, or the offence of failing to comply with a supervision order.
- Attempting to commit, assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit any of the above offences.
Defences to Murder
Defences to murder can include: self-defence, necessity, duress, mental health impairment or cognitive impairment.
Contact Us
At Green & Associates, we have comprehensive experience in representing clients charged with indictable criminal offences. We can help you navigate the confronting process of a bail application, if necessary, and help you secure a favourable outcome. Contact us on (02) 8080 7585 to arrange for a consultation with one of our expert criminal defence lawyers.
