Service

Murder and Manslaughter

Murder and manslaughter are serious criminal offences in the United Kingdom (UK), with severe penalties for those found guilty. These offences involve taking another person’s life, and they are treated with the utmost seriousness by the justice system.

skyscraper

Murder and Manslaughter

In this article, we will explore the definitions of murder and manslaughter in the UK, the differences between the two, and the legal consequences for those convicted of these offences.

Murder is the more serious of the two offences and is defined in English law as “the unlawful killing of a human being with malice aforethought.” This means that the person who committed the act of killing intended to cause harm or death. The mens rea, or mental element of the offence, is essential in determining whether a person is guilty of murder or not. The intention to cause harm or death can be express or implied, and it does not necessarily have to be directed towards the specific person who was killed.

Manslaughter, on the other hand, is defined as “the unlawful killing of a human being without malice aforethought.” This means that the person who caused the death did not intend to kill or cause serious harm, but their actions led to the death of another person. Manslaughter can be further classified into two types: voluntary and involuntary.

Voluntary manslaughter occurs when a person causes the death of another in circumstances that would usually amount to murder, but the killer was acting under diminished responsibility, suicide pact, or loss of control. Diminished responsibility can occur when a person suffers from a mental disorder that impairs their judgment, and loss of control can occur when a person loses control of their actions due to fear of fatal violence or anger.

Involuntary manslaughter occurs when a person causes the death of another person through an unlawful and dangerous act or through gross negligence. This type of manslaughter differs from voluntary manslaughter because the victim’s death is unintentional.

The penalties for murder and manslaughter are severe in the UK. A conviction for murder carries a mandatory life sentence, with a minimum term of imprisonment that must be served before the offender can be considered for release. The Judge sets this minimum term, taking into account the seriousness of the offence, the offender’s culpability and the aggravating and mitigating factors of the case. In contrast, the sentence for manslaughter can vary depending on the circumstances of the case. Voluntary manslaughter can carry a maximum sentence of life imprisonment, while involuntary manslaughter can carry a maximum sentence of 14 years’ imprisonment.

In conclusion, the key difference between the two offences is the mental element or intent of the offender. Murder requires the intention to cause harm or death, while manslaughter does not. Understanding the definitions and distinctions between these offences is crucial, both for those working within the justice system and for the wider public.

If you find yourself accused of such an offence, it is imperative that you seek legal advice and assistance from the outset when being interviewed by the police.

Richardson Lissack are specialists in this particular field and will seek to identify all potential defences and partial defences available from an early stage. In addition, our specialists are well versed on the recent legislative developments concerning the controversial issue of joint enterprise.

Prevention is better than a cure

How Richardson Lissack can help

If you find yourself accused of such an offence, it is imperative that you seek legal advice and assistance from the outset when being interviewed by the police.

Our lawyers are available 24/7 to assist you and provide legal advice in Murder and Manslaughter matters.

Contact London 020 3753 5352 or Manchester 0161 834 7284. Alternatively you can email info@richardsonlissack.co.uk

Areas of expertise

Our Serious Crime services

Committed to exceeding expectations

Our team of experts

Anthony Smith
Director
Anthony Smith

“I would like to say the service from Anthony was excellent. Whilst I see people, including my co-defendants getting frustrated with their legal team (ie. not being able to contact them and not getting questions answered), I have had a great service and was always satisfied from start to finish.”

Kim Nihill
Director
Kim Nihill

“Kim’s always gone the extra distance in times of need and always been ever so easy to talk especially in times of stress. Kim’s very thorough and diligent in her work who’s judgement and opinion I’ll always trust. Kim’s always been readily available and if not - very prompt in getting back to me. I’ve recommended Kim to friends over the years and they’ve always thanked me in doing so as she’s provided them with the same level of care and attention. It’s been very reassuring having Kim in my corner.”

View team
Stay up to date

Latest News

Buildings

UK Government publishes consultation on MLRs

HM Treasury has published a consultation on improving the effectiveness of the Money Laundering, Terrorist Financing and Transfer of Funds (Informatio...

Building

The FCA finalise its guidance on financial promotions on social media

The Financial Conduct Authority (FCA) has implemented rules to protect consumers from misleading and unclear financial promotions on social media. The...

Buildings

The FCA has updated its position on cryptoasset Exchange Traded Notes

The Financial Conduct Authority (FCA) has updated its position on cryptoasset Exchange Traded Notes (cETNs) for professional investors. The FCA previo...

View all
Let’s work together

Contact Us

arrow-downarrow-left-greyarrow-leftarrow-right-0c2535 arrow-right-ffffff arrow-right-greyarrow-rightbullet-icon-whitebullet-iconcloseicon-connecticon-cross-double icon-cross-right icon-email icon-nav-lefticon-nav-righticon-phoneicon-pinicon-reachlawyer-linkedin-icon nav-menu-arrow rl-logo-icon social_facebooksocial_googleplussocial_instagramsocial_linkedin_altsocial_linkedin_altsocial_pinterestlogo-twitter-glyph-32social_youtube