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The most serious offence in England is murder. The unlawful killing of a person is always a tragedy, and the reasons behind it are often complex and require careful investigation.
The offence of murder is committed when a person kills another with the intention to unlawfully cause death or serious injury.
If convicted of murder the court must impose a mandatory life sentence. The Judge will fix a minimum term to be served before parole may be considered. The starting point fixed term for an adult is 15 years imprisonment, this may increase or decrease depending on statutory aggravating or mitigating features.
Self defence is a full defence to murder.
There are also several partial defence, which if proved would result in a conviction for manslaughter, not murder.
Examples of partial defence include diminished responsibility and loss of control.
If convicted of manslaughter there is a far greater range of sentences to be considered by the court, including detention in a psychiatric hospital for treatment.
Where a woman causes the death of her biological child under 12 months old, but at the time her balance of mind was disturbed because she had not fully recovered from the effect of giving birth she may be guilty of infanticide. This leads to a wide range of sentencing option including hospital treatment or supervision in the community.
Such cases are rare but we have successfully defended a mother accused of murder, ultimately a plea to infanticide was accepted and a community order imposed https://www.bbc.co.uk/news/uk-england-sussex-38803441
There is a lot of emotion and publicity surrounding “mercy killings”, parliament is due to again debate an assisted dying bill.
As the law stands (October 2024) mercy killing is not a defence, however the Crown Prosecution Service (CPS) will look carefully at the surrounding circumstances to decide if the charge should be murder, or manslaughter, and if it is in the public interest and/or the interest of justice to charge.
At Churchers we have vast experience of dealing with homicide cases, in all its forms.
We have available to us a wide range of Junior and Kings Counsel experienced in such cases, we have access to experts such as psychiatrists, medical and forensic experts who we have worked with for many years and have an excellent working relationship with.
These links details two cases Alex Moore has managed this year, both resulting in successful outcomes for her clients: Case one and case two
We pride ourselves in listening sympathetically and pro-actively defending people accused of homicide.
Call us on 023 9282 0747 or alternatively get in touch through our website using the link below.
https://www.churchers.co.uk/services-individuals/criminal-defence/
