Murder is an extremely complex area of law. While it might seem straightforward, there are many little intricacies that solicitors need to be aware of in order to provide the best legal defence. In this article, we are going to be shedding some light on the complexities of murder cases, and some of the potential legal defences that can be employed to assist clients with their case. We will also be discussing some of the recent developments in murder law, giving you an insight into the world of murder defence.
In the UK, there are different degrees of murder, and various criteria that need to be met for each. The defence that you need will depend on which degree of murder you are being accused of. At ABV solicitors, we are here to help you form a defence against any and all charges.
In the UK, there is no first or second degree murder in the same way that there is in the US. There was a previously proposed three-tier system in which first, second, and third degree murder would be implemented, but this has not been passed as of right now. At the moment, we use murder as first-degree murder, and this describes an act of unlawful killing that is wilful and deliberate. As well as this, there needs to be strong evidence of premeditation which is also known as malice aforethought. If there was a plan in place for the murder and this can be proven, then this satisfies both the actus reus (act) and the mens rea (mental side) to be convicted of murder.
This term is used to refer to a murder which has been motivated by the race, gender, sexual identity, disability or religion of the victim.
While not technically murder, it is often counted under the different degrees of murder. Manslaughter is the unlawful killing of a person where there was no intention to cause death even though they were directly responsible. Or, if someone suffered from diminished responsibility at the time of the murder. It is a little more complex than this as there is a lot more depth into the reasons someone can be convicted of manslaughter, but we don’t have time in this article to delve into all the little complexities surrounding manslaughter as its own crime.
There are both complete and partial defences to murder in the UK. Complete defences will work to get your charges of murder dropped completely and see you walk free. Partial defences, however, work to lessen your charge, usually to manslaughter. It depends on the circumstances of the case as to which is going to be best for you. We’re going to be delving into both of these so that you can get an idea of how complex it can be.
A partial defence that can be used is diminished responsibility. However, there are four elements that must be proved if someone is to be successful here.
The defendant was suffering from abnormality of mental functioning
To use diminished responsibility as a legal defence, expert evidence is going to be required. Some of the interesting cases that you can read about where diminished responsibility was a successful defence are as follows:
Self defence is one of the only complete defences in murder cases, however it has also been known for some people to have still only been given a reduced sentence. More often than not, if it can be proven that the killing was done in self defence, then there was no intent to kill, and the defendant was acting under duress. If it can be determined that the defendant did not use more force than what is considered reasonable, then it will be considered necessary, and this defence will pass through court.
The final partial defence is loss of control which was introduced into UK law in 2010. Loss of control occurs where the victim’s behaviour can be deemed responsible that any reasonable person would have lost control. For this to be used, there needs to have been a qualifying trigger for the reaction. These can include but are not limited to loss of control to things done or said which resulted in the defendant having a justifiable sense of being seriously wronged, or the loss of control from the fear of serious violence from the victim.
Forensic evidence includes things such as DNA left at the crime scene, fingerprints, any blood stains or splatters, weapons, toxicology and so much more. Forensic evidence is used to place the defendant at the scene, and attempts to prove that they committed the act. In defence, it can also be used to prove that the person was not of a sound mind in some cases, or that there was no way that the defendant is guilty of murder.
In August 2023, it was announced that there would be law changes coming into effect for murder laws. The most profound change that the UK is set to make is that there will be a whole life order which will be the expectation for those murders where the killing involves sexual or sadistic conduct.
Here at ABV Solicitors, we are highly trained in handling delicate cases such as this. Murder is a heinous crime, and being falsely accused of it can be extremely traumatising. We are here to ensure that our clients get the best legal defence possible, using our extensive knowledge of the law, and defences for murder cases. The sooner that you secure an experienced solicitor in murder cases, the better off you are going to be, so we recommend doing this sooner rather than later.
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