Murder vs Manslaughter: What Is the Difference and How Are They Sentenced?

Introduction

Murder and manslaughter are two of the most serious crimes in English law. While both offences result in the loss of life, it is extremely important to understand the difference between the two, as well as the range of sentencing.

The Distinction

The difference between murder and manslaughter is due to the intention of the person who carries out the act which ends a life. In the case of murder, the person who carries out the fatal act must do so with the intention to kill or cause someone serious injury. If you intend to cause someone serious harm and commit an act that ends their life, you will still be guilty of murder despite not intending to kill them. The intent to cause this level of harm does not need to be prolonged. It could be fleeting and still result in someone being guilty of murder.

Manslaughter is another type of unlawful killing, but it does not require the same level of intention or responsibility as murder. A person is guilty of manslaughter if they cause the death of another without the intention to cause death or serious injury, or where they did have intent, but the law recognises circumstances in which their responsibility is reduced. This is still treated as a serious crime, and most manslaughter convictions end with a lengthy custodial sentence to reflect this.

Types of Manslaughter

There are several different types of manslaughter offences. The type of manslaughter a person is convicted of will greatly impact the sentence they receive. The different types of manslaughter are as follows:

Voluntary Manslaughter is when the intention to murder is present, but the person has a partial defence. The partial defences are:
- Diminished responsibility due to an abnormality in mental functioning which impairs one’s ability to understand their actions.
- Loss of control due to a qualifying trigger, such as fear of serious violence or provocation. (It is important to note that voluntary manslaughter due to loss of control can carry some of the most severe sentences.)
Involuntary Manslaughter is when an unlawful killing occurs, but there is no intention to kill or cause serious harm. The two main forms of involuntary manslaughter are:
- Unlawful Act Manslaughter, which covers deaths caused by a deliberate unlawful act that a reasonable person would recognise carries a risk of harm, such as throwing a punch.
- Gross Negligence Manslaughter, which covers deaths caused by a gross breach of duty of care, such as workplace deaths and grossly negligent fatal medical errors.

Sentencing

If found guilty of murder as an adult, the law imposes a mandatory life sentence which judges must follow. The judge will then decide on the minimum period that the defendant must serve before they will be classed as eligible for parole. In the most serious cases, the judge may decide to impose a Whole Life Order, meaning the defendant will never be eligible for parole and will spend the rest of their life in prison.

The offence of manslaughter does not carry a mandatory life sentence. Judges have more freedom to determine sentencing based on the type of manslaughter the person has been convicted of, as well as the culpability, facts, and aggravating and mitigating factors in each case. The vast sentencing range for manslaughter is between 1–40 years in custody, although this depends heavily on the individual facts of each case and the type of manslaughter an individual is convicted of.

How We Can Help

Many unlawful killing cases begin with a charge for murder when a charge for manslaughter may instead be appropriate, which is why seeking advice from experienced legal professionals is so important. Our Criminal Defence Team understands the complexities of these cases and is here to provide knowledgeable and straightforward advice and representation at every stage of the process, to ensure the best outcomes available. If you are facing allegations of an unlawful killing, please contact our team on 023 9282 0747.

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