Homicide / Murder
Homicide refers to the act that would lead to another person death, hence used when referring to murder and manslaughter. You will require a specialist team to advise you on how to plead and prepare your defence.
A person charged or suspected of murder is likely to be held in custody, thus the family of the defendant usually have to find suitable legal representation.
A murder charge is the most serious of the homicide charges. This is where the offender
– Unlawfully kills a person
– Was of sound mind and discretion
– Had the intention to kill, cause GBH or knew their actions would lead to death.
What would show that someone is not of sound mind and discretion?
– Loss of Control
This is where the defendant felt they were under serious threat and lost control of their senses resulting in the unlawful killing. However, it must be shown that similar actions would have also happened with another individual of same-sex and age with a normal degree of tolerance and self-restraint in the same circumstances.
– Diminished responsibility
This is where it can be medically proven the offenders mental functioning substantially impacts their ability to make rational decisions, understand the nature of their actions and ability exercise self-control.
If the defendant if of sound mind and discretion, shown to have unlawfully killed a person, however the intent to kill or cause GBH is not shown, then they can be charged with an offence of involuntary manslaughter.
This is of two types:
Gross negligence manslaughter – where gross negligence of the offender resulted in the death of another person.
Unlawful act manslaughter – where the offender committed an unlawful or dangerous act that resulted in the death of another.
Charges of murder or manslaughter are extremely serious with life changing consequences including a life sentence. If you are under investigation or charged with homicide, it is imperative you contact specialist lawyers immediately, ideally when questioned by the police. Mi solicitors provide advice and representation on all murder matters throughout the country. Our solicitors will understand all the facts of the case and leave no stone unturned. We have specialist experience in both murder and manslaughter cases, so you can rest assured you are in safe hands.