Murder is committed when a sane person unlawfully kills another person and they have the intention to kill or to cause grievous bodily harm. In contrast to murder, attempted murder necessitates an intention to kill, not just an intention to cause grievous bodily harm. A number of complete defences to murder exist, including self-defence, as well as partial defences, including diminished responsibility and loss of control.
Manslaughter can be either voluntary or involuntary. Examples of voluntary manslaughter include diminished responsibility and loss of control, the latter of which was introduced through the Coroners and Justice Act 2009 and replaced the old common law defence of provocation. Involuntary manslaughter applies where a person has caused the death of another, but they have done so without the intention to kill or cause grievous bodily harm. Examples of involuntary manslaughter include gross negligence manslaughter, medical manslaughter and unlawful act manslaughter. The Corporate Manslaughter and Corporate Homicide Act 2007, introduced the new offence of corporate manslaughter, which makes it an offence for a qualifying organisation to cause a person’s death through a gross breach of a relevant duty of care owed by the organisation to the deceased.
In addition to the various legislative changes of the last few decades, recent case law has led to some of the most significant developments in the law on murder. The case of R v Jogee [2016] UKSC 8 redefined the controversial doctrine of joint enterprise. In addition to these important legal developments, there is evidence of a shift in attitudes towards sentencing in murder cases, with calls for a more nuanced approach to replace the current mandatory life sentence. Whilst some of the latest developments have arguably been to the defendant’s advantage, it is clear that in cases concerning the death of another, there can be no compromise when it comes to legal representation.
Our expertise
BCL are ranked in Band 1 for Crime in Chambers and Partners and Band 1 for Crime: General in The Legal 500.
BCL is recognised as a market leader in serious and general crime. We have extensive experience in representing individuals accused of the most serious offences and regularly act in cases involving allegations of murder and manslaughter. With strong links to the most experienced and sought after barristers and experts, we provide bespoke and specialist representation from the early stages of an investigation, through to the conclusion of the court process.
In addition to our trial work, we are highly experienced in challenging convictions by way of appeal to the Court of Appeal, and in preparing applications to the Criminal Cases Review Commission (CCRC). This complex work requires the sort of methodical approach and attention to detail that we are known for. When challenging the safety of a conviction, we leave no stone unturned.
Our experience
Examples of our instructions include:
- Representation at the police station at interview and thereafter at trial of a young student charged with murder of a businessman following an altercation after a night out; our client maintained from the outset that he had acted in self-defence after ‘one punch’ was thrown. After trial, our client was found not guilty by a unanimous decision of the jury.
- Representation of a soldier charged with manslaughter following the death of a man after a fight at a bar; our client had maintained from the outset that by throwing a punch he was protecting a friend and was acting in self-defence of another. After trial, our client was acquitted of manslaughter and continued to serve in the Army.
- Representation of a student charged with attempted murder of his girlfriend following a psychotic episode. We worked together with a team of psychiatrists and professionals to prepare comprehensive reports and following trial the jury was directed to find our client not guilty by reason of insanity.
- Representation of a student on appeal against conviction for manslaughter regarding failures at trial concerning the client’s previous legal team.
- Preparing an application to the CCRC on behalf of a client convicted and sentenced to life for murdering his former partner, involving significant post-conviction investigation and identification of fresh evidence missed in earlier appeal proceedings.
Our reputation
BCL has long been top-ranked by the major legal directories in the area of Crime and is currently ranked as follows:
- Band 1 – Chambers and Partners, Crime
- Tier 1 – Legal 500: Crime
- Leading Firm – The Times Best Law Firms: Financial Crime & Fraud & Regulatory
