Murder/Manslaughter
Simply put, if you are being prosecuted or investigated murder to manslaughter you must have specialist expert advice from lawyers who have experience of these serious offences from the outset as a conviction can result in up to life imprisonment.
It can be an exceptionally daunting time for you and your family with many months of uncertainty of the outcome. We are experienced in providing professional expert advice and providing the much-needed support for you and your loved ones in these difficult circumstances.
We have successfully defended clients involved in a number of high-profile cases by working tirelessly to ensure that the cases are fully and proactively prepared. We use the best barristers and Kings Counsel who have a proven track record in client care and advocacy.
We have experience in acting in cases involving rival gang relating knife crime and understand the issues young people often go through. We have represented Clients whose cases have been dropped before charge or during the course of court proceedings by keeping a constant review of the evidence and proactively pursing any lines of enquiry in relation to your defence.
We have decades of experience successfully defending homicide cases which include:
- Murder
- Voluntary manslaughter
- Unlawful and dangerous act manslaughter
- Gross negligence manslaughter
- Attempted murder
- Attempted manslaughter
- Conspiracy to murder
- Causing death by dangerous driving
- Causing death by reckless driving
Murder
The offence of murder is an offence under the common law of England and Wales and is considered the most serious form of homicide where one person (or a group of persons) kills another with the intention to cause death or grievous bodily harm.
Even if that person did not intend to kill the person but wanted to cause grievous bodily harm (GBH), then later the person dies of their injury, that is murder. This is because the intention to cause serious harm was there and the actions of the defendant led to the persons ’s death.
This is such a grave offence that a conviction carries a mandatory life sentence which in effect means that you will spend decades in prison before being eligible for release under parole if at all. The impact of being convicted for murder is life long and goes beyond your release.
What Is the Difference Between Murder and Manslaughter?
- Did they intend to kill the victim? If yes, its murder, if no manslaughter
- Can they be held accountable for their actions? If yes, its murder, if no manslaughter
- Did they intend to seriously harm the victim (grievous bodily harm )? If yes, its murder, if no its manslaughter
Manslaughter
You can be found guilty of committing manslaughter in a number of ways this can include:
- Killing with the intent for murder but where a partial defence applies, namely loss of control, diminished, responsibility, or killing pursuant to suicide pact
- Conduct that was grossly negligent given the risk of death, and did kill (gross negligence manslaughter)
- Conduct, taking form of an unlawful act involving a danger of some harm that resulted in death (unlawful and dangerous act manslaughter)
Bail for Murder
The presumption of a right to bail does not exist if charged with the offence of murder and bail is only granted for those charged with murder if there are exceptional circumstances which justify it. It is important that legal advice to sort out an early stage as you can be remanded in custody until any potential trial.
Police Station Investigation/representation
If you are contacted by the police and invited for voluntary interview. It is vitally important that you seek legal advice and contact us as Approach the police interview can have a significant impact on the outcome. Tactics are critical and can make or break a case. We will advise you of the evidence against you, your rights and entitlements and options.
If you are prosecuted for murder or manslaughter, we are able to act for you robustly and represent you at every stage with a team of lawyers and barristers. At hand, we have access to forensic experts and seek to proactively defend you.
What Are the Defences Available to You in Law
Self defence – This is where your cases that you use reasonable force to protect yourself from the victim this can be either a complete or a partial defence to any of your actions
Diminished responsibility – This is where you had an impairment of your mind, which is diminished (negated), your criminal liability, rather than absolving you from liability completely. This is a defence that only applies to murder, and if proved can reduce murder to a conviction of manslaughter. It is for the defence to prove that the person is not liable to be convicted of murder, and the evidential burden of the defence is on the defence on the balance of probabilities.
In order to be successful with the defence of diminished responsibility. The Defendant must be suffering from an abnormality of mental functioning, which arose from:
A recognised medical condition. In the context of a diminished responsibility defense, the defendant must demonstrate that they were suffering from a recognized medical condition at the time of the offense. This could encompass a range of mental health conditions, such as depression, schizophrenia, or bipolar disorder, which are acknowledged in the medical field as capable of impairing mental functioning.
Substantially impaired the defendants ability to do one or more of the following, i.e. understand the nature of their conduct, former rational judgement to exercise self control. It provides an explanation for the defendants acts and omissions in doing or being party being a party to the killing.
Abnormality of mind – The Defendant must have been suffering from an abnormal abnormality of mind, and in order to establish this medical evidence will have to be provided to court to the court. However, it will ultimately be up to the jury to decide whether the Defendant was indeed suffering from an abnormality of mental functioning and whether the defence of diminished responsibility should succeed or not.
The jury are not obliged to accept the expert evidence.
The test which is applied to establish an abnormality of mental functioning is that by which a reasonable person would regard as abnormal. This test has a very wide meaning and includes the ability to exercise, willpower and control. For example, the following have been considered to fall within the meaning of abnormality of mind
- Jealousy
- Battered woman syndrome
- Epilepsy
- Chronic depression
It is not enough to just have the condition it is up to the defence to prove that the condition was excessive when compared to that experience by a reasonable person.
Substantially Impaired the Defendants Mental Responsibility
The jury will need to decide as to whether this is a fact that the abnormality of the mind substantially impaired the defendant’s ability to understand the nature of their conduct, form of rational judgement, or exercise, self control it that it is a requirement that the defendant was not fully aware of the actions because of their mental state. If there is even any evidence of any degree of planning to commit the crime this may demonstrate that the defendant’s mental responsibility ability was not impaired
Provides an Explanation for The Defendants Conduct
The abnormality of mental functioning provides an explanation for their contact. If they could show that the medical condition was the reason for them, carrying out the act or that it was an important contributing factor therefore they must be able to show that the defendants medical condition made a significant difference to their behaviour.