Being accused of murder or manslaughter is a life-changing experience. However, UK law lets you mount various defences, depending on the circumstances of the case.
This post introduces you to these defences. We discuss the methods and tactics you can use to prove your innocence.
UK law classifies murder as the act of a person of sound mind unlawfully killing another with the intention to kill or cause grievous bodily harm. However, murder does not apply if the charged person was acting in self-defence.
The law recognises three main grounds of defence against murder charges (besides not being present or involved in the killing):
In 2010, UK lawmakers introduced the “loss of control” as a partial defence for murder. It replaced the old defence of “provocation,” where defendants could claim incitement led to the violence committed.
Loss of control is an acceptable defence if you acted in a way that any reasonable person would respond to the victim’s behaviour. For example, if the victim threatened you, reacting violently might fall under this category.
The law specifies that loss of control must have a “trigger.” That trigger could be anything that puts you at risk of violence or incites you to lose control of your emotions, such as being attacked or having things said to you that caused severe offence.
To apply this defence, you must show that you did not act in revenge. For example, if the victim attacked you and you reacted in a way that caused them to die, that might qualify as “loss of control.” However, going to their home the following week and shooting them wouldn’t.
You can also mount a murder defence on diminished responsibility grounds. To demonstrate this defence, you must show that your actions arose because of a recognised medical condition or mental abnormality that impaired your ability to understand what you were doing and the harm you were inflicting. Ideally, the condition should impair your capacity to exercise judgment or self-control.
Presenting medical records can help to prove this defence. However, the jury doesn’t have to accept this evidence at face value and can weigh the balance of probabilities to determine if it applies. Therefore, it is essential to work with an experienced lawyer who can make your case in the strongest possible terms.
Finally, you can use “killing in pursuance of a suicide pact” as a murder defence. This can apply when you and two or more people agree to die together or kill each other.
To prove a suicide pact, you must show that you intended to die in the pact but didn’t. You cannot raise this defence if you helped someone else commit suicide but didn’t intend to die yourself.
Successfully mounting these defences can lead to the case being thrown out or charges being reduced to manslaughter. The latter situation is called a “partial defence to murder” and can cut maximum sentences significantly.
UK law defines two types of manslaughter: voluntary and involuntary.
Voluntary manslaughter is when a person of sound mind unlawfully kills another person in an emotional, unpremeditated act. People usually commit this crime when provoked to do so by the victim (for example, being punched in a bar), as mentioned above.
For this defence to apply, the time between the provocation and the act that resulted in the victim’s death should be short. Reducing the delay means the court is more likely to consider the case manslaughter than murder.
The other type, involuntary manslaughter, occurs when you have no intention to kill the person or cause them grievous bodily harm (GBH) but still cause their death anyway. Authorities will charge you with this crime in cases of gross negligence or when you commit a dangerous, unlawful act that results in manslaughter.
The defences against manslaughter charges are similar to those for murder. Each aims to reduce the degree of culpability. As before, the law permits self-defence as a defence. If the victim (person who died) was being violent, you can use reasonable force to defend yourself or another person, prevent crime, or protect your property.
Here are some other defences permitted in court:
Courts will accept duress as a defence if you can show that someone forced you to commit acts that led to the victim’s death. You must demonstrate that you acted as any reasonable person would under the same circumstances, fearing death or serious injury.
Diminished responsibility is also a defence UK courts will permit for manslaughter. You must prove you were unaware of your actions while committing the offence.
For example, you might claim automatism – a condition some people experience that makes them unaware of their actions. You might also claim “insanity” or mental illness that prevented you from knowing that your actions were against the law.
Unfortunately, diminished responsibility doesn’t usually apply if you were drunk or intoxicated with illicit drugs during the killing of the other person. Courts are unlikely to accept this defence. However, you can argue you were affected by prescription medication, causing you to behave the way you did.
Finally, some manslaughter defendants use the concept of “mistake” as a defence. This applies when you misinterpret factual circumstances and behave in non-standard ways.
For example, you might see splashing in the water and believe that one person is trying to drown another. When you intervene to try to prevent what you perceive as an attack, you kill someone.
Being accused of murder or manslaughter can be life-changing. However, the likelihood of a favourable outcome is higher when working with experienced, professional lawyers specialising in criminal law.
If you have been accused of either of these crimes, talk to ABV Solicitors. We have ample experience in various high-profile murder and manslaughter cases, with a proven track record for defending our clients.
Find out how we can help you navigate this challenging legal situation and help you mount the best defence possible.
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