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10 Dec 2021

Crimes are committed on a daily basis in the UK. In 2021, it was reported that there were 5.4 million crimes committed in England and Wales alone, and this is continually on the rise. Crimes vary in severity from petty crimes such as common assault to more serious crimes like knife crime and murder. If you are a victim of a crime or require advice on a crime committed, then contact ABV Solicitors where our criminal solicitor can provide you with professional advice.

What is the definition of murder?

The legal definition of murder is the unlawful killing of a person by another person of sound mind with the intention to kill. From this definition, it is clear that a person’s intention will play an important role in determining whether they are found guilty of murder.

What is the definition of manslaughter?

There is a difference between murder and manslaughter. The offence of manslaughter is a more recently created crime by the courts in order to cover situations whereby all the elements of murder are not present.

There are three ways in which someone can commit manslaughter. The first is when the defendant commits murder with intent but only has a partial defence such as loss of control or diminished responsibility. As these are terms that are not often used in everyday language, our criminal solicitor will explain to you what these mean and can then determine whether these defences are applicable to your case. Both the loss of control and diminished responsibility will be tested objectively, which means the court will consider whether a reasonable person would have behaved in the same way as the defendant in those circumstances.

Another way that manslaughter can be committed is by conduct that is considered to be grossly negligent. Also, manslaughter arises when the defendant’s conduct is unlawful and causes the death of the victim. Both these types of manslaughter are known as involuntary manslaughter and carry lesser sentences.

What is the sentencing for murder and manslaughter?

In the UK, the maximum sentence for murder is life imprisonment, but this is not always handed to defendants. Several factors are taken into consideration when determining the length of the sentence. Factors that the judge considers include whether or not the defendant has committed any other crimes and the seriousness of those crimes. In addition, the judge will consider the defendant’s character and whether they are an upstanding member of the community.

With regards to manslaughter, the law is not as severe. Manslaughter carries a maximum sentence of 12 years in prison; however, this is often lessened depending on the circumstances and factors such as the defendant’s previous good character. Often, the prison term can be suspended by the judge, and in some cases, the court will pass community service as a sentence.

Attempting to represent yourself for such cases can often lead to errors and immense stress. Therefore, our criminal solicitor is here to help you from the very beginning of your case in order for a positive outcome. So, contact our team at ABV Solicitors, and let us provide you with professional legal support.