The murder trial of police officer Zachary Rolfe over the shooting death of Yuendumu teenager Kumanjayi Walker is currently before the Northern Territory Supreme Court in Darwin.
Constable Rolfe has plead not guilty to the murder of Kumanjayi Walker. He has also plead not guilty to the alternate charges of manslaughter and engaging in a violent act causing death.
What is an alternate charge?
Prosecution can charge a person with a main charge, followed by alternate charges. Alternate charges often have some, but not all the same elements as the main charge. However, they usually carry lower penalties.
Prosecution will aim for a conviction in respect of the main charge, however, the main charge can sometimes be difficult to prove beyond reasonable doubt.
For example, in the case of Constable Rolfe, an element of the main charge is “intention” rather than just “recklessness”. Prosecutions bring alternate charges on the same facts, as they can sometimes be easier to prove. It minimises the risk that an accused gets off “scott free”.
If the Jury was to find Constable Rolfe guilty of murder, the Prosecutor must be able to satisfy the following elements, beyond reasonable doubt:
Murder:
- Mr Rolfe engaged in conduct; and
- That conduct caused the death of Kumanjayi Walker; and
- Mr Rolfe intended to cause death or serious harm to Kumanjayi Walker
If convicted, Mr Rolfe faces a mandatory sentence of life imprisonment with a minimum non parole period of 20 years. There is no discretion for the court to sentence Mr Rolfe to anything less.
If the Jury were to find Mr Rolfe not guilty for murder, it remains open to them to find Mr Rolfe guilty of the alternate charges.
The elements of the alternate charges are as follows:
Manslaughter:
- Mr Rolfe engaged in conduct; and
- That conduct caused the death of Kumanjayi Walker; and
- Mr Rolfe was reckless or negligent as to causing the death of Kumanjayi Walker.
The maximum penalty is life imprisonment. The court does have discretion to sentence Mr Rolfe to less.
Engaging in a violent act causing death:
- Mr Rolfe engaged in conduct involving a violent act; and
- That conduct caused the death of Kumanjayi Walker.
The maximum penalty is 16 years imprisonment if Mr Rolfe is convicted.
The trial is expected to last for 3 weeks.
Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
