MJP solicitors have dealt with the widest range of murder / homicide cases including high profile cases attracting the attention of the World's Press. We regularly deal with cases involving firearms and violence as you might expect as experienced criminal practitioners. We specialise in cases involving a mental health aspect and have had considerable success on behalf of our clients. Client confidentially prevents us from setting out details of such cases.
Murder / Homicide
Murder is the unlawful killing of another person by someone who is of 'sound mind' and 'discretion'.
There are partial defences that reduce murder to voluntary manslaughter. These are diminished responsibility, provocation (loss of control) and suicide pact.
Where murder requires a person unlawfully killing another person with either the intent to kill or the knowing that their actions will result in death, manslaughter requires any lack of intention. For example a person may attack another person to hurt them physically but their actions result in death - there was never any intention of causing death.
There are three partial defences that come under voluntary manslaughter; diminished responsibility, provocation (loss of control) and suicide pact.
For diminished responsibility to succeed, as a defence, the defendant must show that, on the balance of probabilities, the elements of diminished responsibility are in place. These are: -
- at the time of the killing the defendant was suffering from an "abnormality of mind" arising from "arrested or retarded development" or "induced by disease or injury"
- the abnormality led to the fatal act, and
- the abnormality resulted in a "substantial" impairment of the defendant's mental responsibility for his actions.
For provocation to succeed as a defence that to succeed it must be proven: -
- that the killing was the result of a sudden and temporary loss of control on the part of the accused, and
- the loss of control resulted from something that was said or done, and
- a 'reasonable person' might have been expected to respond the same way
Suicide pact defence reduces a murder charge to manslaughter where the survivor of a joint suicide pact, took part in the killing of another person in the pact or was a party to that other person being killed by a third person.
Involuntary manslaughter occurs where a person kills, but does so without the intent to kill or cause GBH.
There are two types of involuntary manslaughter: -
- that caused by the defendant's gross negligence; and
- that caused by his unlawful or dangerous act.
For an attempted murder to take place a person must have the intention to kill another person, not just cause Grievously Bodily Harm (GBH). In most attempted murder cases there has to an attempt so serious that death may have followed from the actions of the defendant.
MJP solicitors provide advice and representation on all murder matters throughout England and Wales particularly in Liverpool (including The Wirral), London and the North West.
Specialist advice for any investigation into Murder, Manslaughter and Attempted Murder can be given by one of our experienced solicitors.
For free advice call now on 0333 011 0515 or use the contact us page.