Murder & Manslaughter

Murder, attempted murder, manslaughter and corporate manslaughter charges have grave consequences. You must invest in a solicitor that has the expertise to advise and represent you. Royce Legal believes in transparency and therefore, aims to have an approachable relationship with our clients. Assuring our clients that we are managing their defence and will present their cases with professionalism and confidence.

If you have been accused of the above charges, it is imperative that you seek legal aid at once. Contact our criminal defence solicitor at the earliest. Our early involvement in your case will ensure that we are there to guide you at the investigation stage and guide you on your rights at the police station during interviews. Our solicitors’ first aim is to avoid you being charged. In the event that it is unavoidable, we will work with you to prepare your case for trial.

The Difference Between Murder and Manslaughter?

To be fair, the difference between the two terms is very slight.

Murder is defined as the “unlawful killing” of another person with the intention to kill or cause Grievous Bodily Harm (GBH). It also includes that the offender was of “sound mind and discretion” while committing the offence.

The term “unlawful killing” is defined as when the person was killed without legal justification – killing in self-defence or as a result of a bona fide medical or surgical treatment.

Manslaughter is further divided into subcategories of “voluntary” and “involuntary.”

Voluntary Manslaughter

Voluntary manslaughter is committed when the offender meets the conditions of unlawfully killing someone with the intent to kill or commit GBH, but it can be shown that they were NOT of sound mind and discretion when committing the crime. The murder is viewed as manslaughter in light of three special defences:

• Loss of control: where the defendant was afraid of being tortured and lost control of their actions leading to unlawful killing. It must be demonstrated that another individual of the same gender and age as the offender with a normal degree of tolerance and self-restraint would react the same way under the same circumstances.
• Diminished responsibility: the defendant’s conduct can be explained by an abnormality of mental functioning due to a recognised medical condition which impacted their ability to understand the nature of their actions or to make a rational judgement to exercise self-control.
• Suicide pact.

Involuntary Manslaughter

Involuntary manslaughter refers to when the offender unlawfully killed someone and was of sound mind and discretion, but the intention to kill or cause grievous bodily harm is missing. There are two types:

• Gross negligence manslaughter: where the defendant’s gross negligence led to the death of another person. To prove this, the prosecution must satisfy:
  • The accused owed a duty of care to the departed;
  • This duty of care was breached and caused (or significantly contributed to) the death;
  • The breach is characterised as gross negligence.
• Unlawful act manslaughter: where the defendant committed an unlawful or dangerous act that led to the death of another.

A person is not charged with voluntary or involuntary manslaughter; rather it is a verdict or sentence on an initial indictment of murder. Royce Legal Solicitors will build your defence on one of the three special defences applied to your case.

Maximum Sentences for Murder and Manslaughter

For Murder, if you are over 21, the only sentence is life imprisonment. The Criminal Justice Act 2003 sets out a starting point of 15 years of imprisonment. If the offender is 18 at the time of the offence, the sentence is detention at Her Majesty’s pleasure. The Criminal Justice Act 2005 states 12 years of imprisonment for under 18 offenders.

The maximum penalty/sentence for manslaughter is also life imprisonment. However, it isn’t mandatory as in the case of murder. The judge will decide the sentence in light of certain factors, for instance:

• The impact on the victims’ family.
• Responsibility of the defendant for the death of the victim.
• Previous convictions and the demeanour of the offender such as remorse for their actions.

The starting points for sentencing offences are as follows:

Offence	Starting Point (Custody)
Loss of control	14 years
Diminished responsibility	24 years
Gross negligence manslaughter	12 years
Unlawful act manslaughter	18 years

A murder and manslaughter trial are mostly extremely complex. It is vital that you hire an experienced, knowledgeable, proactive legal team to support you if you are facing an accusation of any of these offences. Royce Legal Solicitors criminal defence team of lawyers excels in all attributes of criminal law. We ensure that our legal team will present the best possible defence available for your case and circumstances. Do not hesitate to reach out to us at 01924 664177.