Murder or Manslaughter

Allegations of murder or manslaughter are among the most serious offences under English law. If convicted, the consequences can be life-changing, including the possibility of a life sentence. It is therefore essential that anyone facing such accusations seeks immediate, specialist legal advice and representation.

At Lostock Legal, our team of expert criminal defence lawyers and accredited police station representatives have extensive experience in handling complex and high-profile murder and manslaughter cases. 

Those under investigation for murder or manslaughter often find themselves at the centre of a large-scale, highly resourced police and Crown Prosecution Service (CPS) operation. We understand the pressure this brings, and we know how to respond effectively.

From the outset, we take a proactive approach to building your defence. We assemble the right team of experts tailored to the specific circumstances of your case. This may include leading barristers or King’s Counsel, as well as recognised specialists such as:

• Psychiatrists and psychologists
• Forensic pathologists
• Toxicologists
• DNA and fingerprint experts
• Ballistics and other forensic science professionals

We leave no stone unturned in ensuring your case is properly investigated and defended.

What Is Murder?

Murder is committed when a person of sound mind unlawfully kills another, intending either to kill or to cause grievous bodily harm.

The act must be a substantial cause of the victim’s death, although other contributing factors may exist.

There are circumstances where a murder charge can be reduced to manslaughter through certain partial defences.

What Is Manslaughter?

Manslaughter can be voluntary or involuntary.

Voluntary Manslaughter

This occurs when the defendant had the intention required for murder but one of the following partial defences applies:

• Loss of Control
• Diminished Responsibility
• Suicide Pact

In such cases, the charge is reduced from murder to manslaughter.

Involuntary Manslaughter

This arises where there was no intention to kill or cause serious harm, but death results from:

• Gross Negligence – where the defendant’s conduct was so negligent, given the risk of death, that it warrants criminal liability; or
• Unlawful and Dangerous Act – involving an unlawful act that posed a risk of harm and led to death.

Partial Defences to Murder

Diminished Responsibility

This defence applies when the defendant was suffering from:

• An abnormality of mental functioning,
• Arising from a recognised medical condition,
• Which substantially impaired their ability to understand their conduct, make rational judgments, or exercise self-control,
• And provides an explanation for their actions.

The burden is on the defence to establish this, usually supported by expert psychiatric evidence. 

Loss of Control

This defence can succeed if:

• The defendant experienced a loss of self-control,
• There was a qualifying trigger (such as fear of serious violence or being seriously wronged), and
• A person of the same age and sex, with a normal degree of tolerance and self-restraint, might have reacted in the same or a similar way.

Suicide Pact

Where the defendant was part of a genuine suicide pact and had a settled intention to die, but instead survives while the other party dies, they may be guilty of manslaughter, not murder.

Complete Defences to Murder

There are four main complete defences that, if successful, result in an acquittal:

• Self-Defence
• Automatism
• Insanity
• Mistake

These differ from cases where the accused denies involvement in the death altogether.

Attempted Murder

Attempted murder requires a clear intent to kill. It is not enough to intend serious harm alone. The prosecution must prove this specific intent beyond reasonable doubt.