The law surrounding murder and manslaughter is complex, and it is essential to seek legal advice if you or a family member has been accused of either of these offences. To get in touch with Garratt's team of criminal defence solicitors, call us on 0161 344 2244 or contact us on our 24-hour emergency number, 07971 163241. Alternatively, you can request a callback.
What is 'homicide'?
Homicide is defined as 'the killing of one human being by another'. This can be murder or manslaughter.
What is the difference between murder and manslaughter?
The main difference between murder and manslaughter is that murder is when a person intends to kill, whereas manslaughter can be unintentional.
Murder
To be convicted of murder, the prosecution must prove that the defendant intended to kill or cause grievous bodily harm (GBH). This is known as ‘malice aforethought'. The Crown Prosecution Service (CPS) defines murder as a crime where the person committing it was mentally sane and unlawfully killed another human being in non-war-time with the intention to either kill or cause grievous bodily harm (GBH) to that person.
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Intent and attempted murder
To be convicted of murder, the prosecution does not have to prove that the murder was planned. It is enough to show that the defendant intended to kill or cause GBH to another.
The intention to kill can be formed in an instant and does not need to be premeditated. If the defendant firmly believes that their actions will result in either death or serious bodily harm, then the intention required for this crime exists.
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Causation of murder
To prove causation, the prosecution must demonstrate a clear link between an act or a failure to act and with the death. The act in question does not need to be the only contributing factor to the death, but it must have played a significant role.
If the death was a foreseeable consequence of an act carried out by the accused, then causation is likely to be established.
Manslaughter
Manslaughter is defined as an unlawful killing that does not amount to murder. This can be due to a lack of intent on the defendant's part or because the act that caused the death was not considered murder.
This is where the defendant is proven to have;
- killed intentionally and unlawfully
- but there are mitigating factors.
Mitigating factors can include the following:
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Diminished responsibility
If the defendant can prove they were suffering from an abnormality of mental functioning at the time of the murder, they may be able to claim diminished responsibility. This can be caused by many things, including mental illness, a learning disability, or brain damage.
If the defendant can show they killed in response to an event or situation that caused them to lose control, they may be able to claim loss of control. For this to be successful, the defendant must show that a reasonable person in their situation would have lost control.
This is where the defendant is proven to have;
- killed unlawfully but unintentionally, for example, through recklessness or carelessness.
- sound mind when the offence was committed.
There are two types of involuntary manslaughter:
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Gross negligence manslaughter
This is where the defendant's actions have resulted in a death, and they can be found to be grossly negligent.
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Unlawful act manslaughter
This is where the defendant's actions, which were unlawful or dangerous but not murder, have resulted in a death.
What are the penalties for homicide cases?
The sentence for homicide in England and Wales is life imprisonment. The minimum term that must be served before the offender can be considered for release by the parole board is set by the judge at sentencing.
Involuntary manslaughter sentencing
The maximum sentence that can be imposed for involuntary manslaughter is imprisonment for life.
- The offence range for unlawful act manslaughter is one to 24 years in custody.
- The offence range for gross negligence manslaughter is one to 18 years in custody.
Voluntary manslaughter sentencing
The maximum sentence that can be imposed for voluntary manslaughter is imprisonment for life.
- The offence range for manslaughter by reason of diminished responsibility is three to 40 years in custody.
- The offence range for manslaughter by reason of loss of control is three to 20 years in custody.
Attempted murder sentencing
The sentence for attempted murder in England and Wales is life imprisonment. The minimum term that must be served before the offender can be considered for release by the parole board is set by the judge at sentencing.
- The offence range for attempted murder is three to 40 years in custody.
Who are the prosecuting authorities for homicide cases?
The prosecuting authority for homicide cases in England and Wales is the Crown Prosecution Service (CPS).
The CPS is responsible for prosecuting criminal cases that have been referred to them by the police. The CPS will decide whether or not to prosecute a case based on; whether there is enough evidence to provide a realistic prospect of conviction and if it is in the public interest to prosecute. The Crown Court is the court that hears murder and manslaughter cases in England and Wales.
