What is the difference between murder and manslaughter?

If you are suspected of murder, there are a few different types of charges you may have to face. Depending on the circumstances, you may be charged with manslaughter rather than murder, and it is sometimes possible to plead guilty to a lesser offence to secure a less severe sentence. It is important to understand the differences between these types of offences to recognise your options and understand what the consequences of your decisions could be.

Murder is a common law offence defined as the unlawful killing of a human being with malice aforethought, which is known in legal terms as mens rea. The Crown Prosecution Service does not necessarily have to prove that you intended to kill the victim - the intention to cause grievous bodily harm can also result in a murder charge if the victim dies as a result. Intending either to kill or harm a victim constitutes mens rea.

Manslaughter is unlawful homicide without the full mens rea for murder or where there is partial mitigation. There are two broad categories: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter charges are possible in legal cases where all the elements of murder are present, but the defendant's criminal defence lawyer is able to raise a partial defence that reduces the offence to manslaughter.

Involuntary manslaughter arises when the defendant did not have the intention to kill or cause GBH, but their conduct was sufficiently blameworthy to amount to a criminal offence. This may arise in situations where the defendant committed an unlawful, dangerous act which causes death. If the act was a crime and would be seen as dangerous by a reasonable person, this could constitute constructive manslaughter. Another type of involuntary manslaughter is gross negligence manslaughter, where someone breaches their duty of care to someone else in a way that leads to their death. If an employer causes someone to work under dangerous conditions and they die as a result, this could lead to a charge of gross negligence manslaughter.

What defences to murder charges might a criminal defence solicitor pursue?

There are defences available in many murder cases, and an experienced criminal law solicitor can review the circumstances under which you have been accused to identify options that may be available to you. These include complete defences, which mean that the defendant is fully acquitted of murder if they successfully mount the defence. There are also partial defences, which can reduce the charge from murder to manslaughter.

The main defences are as follows:

Self-defence

A person may use reasonable force to defend themselves, others, or property. To successfully argue self-defence, you and your criminal defence lawyer must establish two key elements:

• The defendant honestly believed it was necessary to use force.
• The force used was reasonable in the circumstances as the defendant perceived them.

If excessive force was used, this defence is unlikely to be successful, but partial defences may still be considered. Only in circumstances where the defendant had no choice but to use force to defend themselves will this be a possibility, although it can be difficult to prove in court.

Insanity

The UK uses the M'Naghten rules as the legal test for insanity and, if your solicitor can prove that you were legally insane at the time of the alleged offence, this may act as a defence. The requirement is worded as follows:

• at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or
• if [the accused] did know it, [they] did not know [that it] was wrong.

If successful, this defence results in a special verdict of not guilty by reason of insanity. However, this is rarely successful and can be difficult to prove beyond a reasonable doubt, so most murder lawyers will not rely on this defence except in particularly unique circumstances.

Automatism

Where the act was committed involuntarily and unconsciously by someone who was not aware of their actions due to their mental condition, this may be raised in the person's defence. This is rarely successful, and relies on arguing that the defendant is not guilty because the action that resulted in the murder:

• Was a reflex action in response to something else.
• Was caused by a convulsion.
• Followed a blow to the head which affected the defendant's mental capacity.

The automatism must not be self-induced (for example, caused by voluntary intoxication). Most experienced criminal defence lawyers will advise against this approach in all but the most exceptional cases. Despite this, if this defence is successfully proved, the defendant is acquitted.

Partial defences

A partial defence will not result in an acquittal but may reduce the conviction to voluntary manslaughter if successful. This can be important, as manslaughter carries a discretionary sentence rather than a mandatory life sentence. This means that there is more scope to reduce the sentence in light of mitigating circumstances and prevent excessive penalties from being imposed.

Some partial defences include:

1. Diminished responsibility because the defendant was suffering from an abnormality of mental functioning due to a recognised medical condition that impaired their ability to form rational judgement, exercise self-control or understand what they were doing.
2. Loss of control due to a particular trigger, usually a fear of serious violence. This may also apply if the victim did or said something that constituted circumstances of an extremely grave character, and caused the defendant to have a justifiable sense of being seriously wronged. The law notes that sexual infidelity is not a suitable cause of 'loss of control' and cannot support a defence.
3. A suicide pact where the defendant killed someone else as part of a pact where all parties intended to die. If it cannot be proved that the defendant attempted suicide as part of the pact but survived, this defence is unlikely to succeed.

The best approach will depend on the specific circumstances of the alleged offence and what you are accused of. Working with a law firm with significant experience in criminal cases can give you peace of mind and the reassurance that you will receive the best possible outcome based on your situation.

What sentence can you receive for murder, manslaughter or a related criminal offence?

If a person is convicted of murder in England and Wales, the court will impose a mandatory life sentence as required under the Murder (Abolition of Death Penalty) Act 1965. Unlike other offences where the judge has discretion, no other sentence is available for a conviction of murder. However, the court will set a minimum term, sometimes called a tariff, for the sentence. This marks the period that the offender must serve in custody before they can apply to the Parole Board for release on licence.

A judge determines this minimum term based on the seriousness of the offence based on the most recent sentencing guidelines. The factors the court will consider when evaluating the sentence include:

• The degree of planning or premeditation.
• The vulnerability of the victim.
• The use of weapons.
• Whether there were multiple victims.
• The offender’s age and mental state.

A 12-year minimum term custodial sentence is the starting point for a life imprisonment sentence when you are convicted of murder. Once the minimum term is served, the offender may apply for parole. After their release, the offender will remain on life licence for the rest of their life and, if they breach the conditions of licence or commit another offence, they can be recalled to prison at any time.

However, 12 years is only the lowest minimum term available, and various aggravating factors can increase this - the tariff can be set as high as 30 years' minimum term or even a whole life order. The latter means the offender will never be eligible for release, and there are a number of circumstances that might lead to a whole life order being imposed. A murder committed to advance a political, religious or ideological cause, or by someone who has previously been convicted of murder, might result in a whole life order.

If the charge is reduced to manslaughter thanks to the efforts of an experienced criminal lawyer, the court has discretion in sentencing and can impose any of the following penalties:

• A life sentence.
• A fixed term of imprisonment.
• In some cases, a hospital order under the Mental Health Act.

When a discretionary sentence is available, the judge can impose life imprisonment or a lesser sentence, and your solicitor will have a significant role in presenting mitigating circumstances. This means that they will present during court proceedings any evidence that could reduce the sentence.

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