What is ‘Felony Murder’ in Qld?
Introduction
In Queensland, a person can be found guilty of murder even if they did not intend to kill. This is known as felony murder, a concept found in section 302(1)(b) of the Criminal Code 1899 (Qld). It applies when a death is caused by an act done while carrying out another unlawful purpose, and that act is likely to endanger human life.
Because the law classifies this as murder rather than manslaughter, the penalty is severe, being life imprisonment.
What the law says about felony murder in Qld
Section 302(1)(b) of the Criminal Code 1899 (Qld) provides that a killing 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.”
As such, the prosecution must prove:
a person has died
the accused caused that death
the killing was unlawful
the act occurred during the commission of another unlawful purpose
the act was objectively likely to endanger life
Under section 302(3), it does not matter that the accused did not intend to harm or kill anyone.
Examples of felony murder in Qld
Felony murder can arise in many situations where dangerous unlawful conduct leads to death. Common examples include:
Armed robbery gone wrong – a bystander is fatally injured during a holdup
Burglary leading to death – a homeowner dies in a violent confrontation
Arson resulting in death – a building is deliberately set alight and someone inside is killed
Kidnapping with fatal outcome – a victim dies while unlawfully detained
Drug trafficking incident – violence during a drug operation causes a fatality
In each example, the unlawful purpose (robbery, burglary, arson, etc.) provides the context. The prosecution must also prove that the specific act causing death was of a kind likely to endanger life.
Why is felony murder serious?
Queensland law treats killings during serious crimes as murder to reflect the extreme danger those acts create. Even where death was not intended, a person can be held fully responsible for the fatal consequences of inherently dangerous conduct.
In Stuart v The Queen (1974) 134 CLR 426, the High Court acknowledged the severity of section 302(1)(b) but noted that the defence of accident under section 23(1) can sometimes apply. However, prosecutors often argue that acts like armed robbery or arson are so dangerous that accident is not a realistic defence.
Is it murder or manslaughter?
If the prosecution cannot prove the elements of section 302(1)(b), the fallback charge is manslaughter under section 303 of the Criminal Code 1899 (Qld). Both offences involve unlawful killing, but the distinction depends on whether the prosecution can prove:
the act occurred in the prosecution of an unlawful purpose, and
the act was likely to endanger human life
If these are proven beyond reasonable doubt, it is murder. If not, the appropriate verdict may be manslaughter.
Why early advice is critical
Felony murder cases are among the most complex in Queensland criminal law. They often involve:
multiple co-accused, where one person’s acts may make others legally responsible
circumstantial evidence about intent or participation in the unlawful purpose
disputes about causation, being which act actually caused the death
The difference between a murder conviction, a manslaughter verdict, or an acquittal often turns on how these issues are argued in court. Obtaining early advice from an experienced criminal defence lawyer is essential to preserving your defence options and building your case properly from the outset.
Urgent steps if charged with murder or manslaughter
If you or someone you know has been charged with murder or manslaughter in Queensland, you must act immediately. The consequences are life-altering, and the early stages of a case are often the most critical for securing evidence and advising on possible defences.
📞 Call (07) 3012 6531 now for strategic advice or fill in our Quick Enquiry form to arrange a free confidential call with our leading Brisbane criminal lawyers.
FAQs
Can I be charged with murder if I did not intend to kill anyone?
Yes. Under section 302(1)(b), intent to kill is not required. If a death occurs during another unlawful act that was likely to endanger life, it can still be murder.
What is the penalty for felony murder in Queensland?
The maximum penalty is life imprisonment, the same as for intentional murder under section 302(1)(a).
Is felony murder the same as manslaughter?
No. Manslaughter applies when death is caused unlawfully but without the additional elements that make it murder, such as an unlawful purpose likely to endanger life.
Can I defend a felony murder charge?
Yes. Possible defences include accident (section 23), lack of causation, or disputing involvement in the unlawful purpose. Each case depends on its facts and evidence.
Choosing the best criminal defence lawyers in Brisbane
Our criminal defence lawyers appear daily in Brisbane and Queensland courts for serious criminal offences. We are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025