What is ‘Felony Murder’ in Qld?
Introduction
In Queensland, section 302(1)(b) of the Criminal Code 1899 (Qld) applies death is caused by an act done in the prosecution of an unlawful purpose, which act is likely to endanger human life. Because the law treats this as murder rather than manslaughter, the consequences are extremely serious, carrying a maximum penalty of life imprisonment.
What the law says
Section 302(1)(b) provides that it is murder if:
“death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life.”
In simple terms:
the person is dead;
the accused caused the death;
the killing was unlawful;
the act causing death happened while carrying out another unlawful purpose; and
the act was objectively likely to endanger life.
Importantly, the prosecution does not have to prove intent to kill. Under section 302(3), it is immaterial that the offender did not intend to hurt anyone.
Examples of felony murder in Queensland
Felony murder covers a wide range of scenarios. Common examples include:
Armed robbery gone wrong – a bystander is shot or injured fatally during the robbery.
Burglary leading to death – a homeowner dies during a violent confrontation with an intruder.
Arson resulting in death – a fire is deliberately lit to damage property, but someone inside the building dies.
Kidnapping with fatal outcome – a victim dies while being unlawfully detained or restrained.
Drug trafficking incident – a person dies as a result of violence during a large-scale drug operation.
In each case, the unlawful purpose (robbery, burglary, arson, kidnapping, trafficking) provides the background. The act that caused death must also have been of a type likely to endanger life.
Why it is treated as murder
Queensland law treats unlawful killings during serious crimes as murder to reflect the extreme risk created. Even without intent to kill, the law imposes full criminal responsibility where dangerous unlawful conduct results in death.
As the High Court explained in Stuart v The Queen (1974) 134 CLR 426, the severity of section 302(1)(b) is balanced by the defence of “accident” under section 23(1). However, the prosecution often frames these cases as inherently dangerous, making accident difficult to argue.
Murder or manslaughter?
If a death occurs but the elements of section 302(1)(b) are not proven, the fallback offence is manslaughter under section 303. Both are forms of unlawful killing, but the key difference is whether the prosecution proves:
the act was committed in the prosecution of an unlawful purpose; and
the act was likely to endanger human life.
If those are proven beyond reasonable doubt, the charge is murder. If not, it may be reduced to manslaughter.
Why early advice is crucial
Felony murder cases are complex. They often involve:
multiple co-accused (where one person’s acts may make all responsible);
circumstantial evidence of intent and unlawful purpose;
contested issues of causation (what act actually caused the death).
The difference between murder, manslaughter, or acquittal can turn on how these issues are argued. Getting legal advice early is critical to preserving your options and protecting your position.
Urgent steps
If you or someone you know is facing a charge of murder or manslaughter in Queensland, it is vital to act immediately. At Ashworth Lawyers, defending serious charges in the District and Supreme Courts is all we do.
Call (07) 3012 6531 or complete our Quick Enquiry form to request a confidential callback. Same-day appointments with a senior Brisbane criminal lawyer are available.