Updated on Tuesday 16th June 2020
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Manslaughter is defined as homicide in English criminal law. It is a less severe offence than murder in England. A manslaughter conviction sentence depends on the judge, while a sentence for murder has to be life imprisonment. Manslaughter can be voluntary or involuntary, depending on the accused’s level of mens rea (Latin expression which means “guilty mind”). Our manslaughter lawyers can offer the needed legal assistance in the court of law if you have been accused of manslaughter.
Voluntary manslaughter in England
Voluntary manslaughter implies the intention to kill or to produce severe harm to a person. This conviction can only be issued if the accused pleads one of the two partial defences for murder: loss of self-control or abnormality of mental functioning. Our manslaughter lawyers in London can offer more details on what these defences consist of.
Here is a video about the defence for manslaughter in UK and the legal ways in which our criminal solicitor in London can help:
Involuntary manslaughter in England
Involuntary manslaughter defence implies that the murder was committed without mens rea, meaning that the accused is responsible for it, however, he or she did not have a motive to do so. There are four types of involuntary manslaughter:
• Manslaughter by gross negligence: According to the English legislation, if an individual has the responsibility of care and proves to be negligent to an extent where he or she is found guilty of a crime which results in the victim’s death, he or she can be found guilty for gross negligence manslaughter;
• Motor manslaughter: these are offences which result in death “by dangerous driving”;
• Manslaughter by unlawful act: a person can be found guilty of this offence if he or she has the intention to commit an illegal act which can harm another person, and which results in an unintended death of that person;
• Unlawful act manslaughter and the responsibility of drug suppliers: these are offences committed by drug suppliers which result in the death of the person they are supplying the drugs to.
The meaning of involuntary manslaughter in UK
The cases where involuntary manslaughter is considered refers to offenders who caused the death of someone due to gross negligence or if he/she committed unlawful acts. The involuntary manslaughter caused by gross negligence is described as a lack of due care which caused death to someone, and if the jury settled the level of negligence, the offender will receive a conviction for manslaughter and imprisonment in accordance with the gravity of the facts. The House of Lords vs. Adomako is a case of involuntary manslaughter in UK which took place in 1994 and it is considered a starting point for dealing with such cases, where tests involving a breach of duty are imposed. If the breach of duty is characterized as a gross negligence which led to a crime, the offender can be accused of involuntary manslaughter. We remind that our manslaughter lawyers in London can provide you with legal representation in the court of law if you are an individual accused of involuntary manslaughter in UK.
Tests to determine the involuntary manslaughter in UK
The risk that someone can be harmed by a sober and reasonable individual needs to be determined, in order to see if involuntary manslaughter is involved. It must be an unlawful offence where a rational individual would recognize that his/her acts were sufficient to risk a person’s life or to cause him/her physical harm. Gross negligence which caused death to someone in an involuntary manner may involve persons who by mistake, for example, killed someone with a gun, even though this was not the intention. Such situations can start as jokes or something appropriate to a game, but there are numerous cases where a person gets hurt or killed without the offender’s intention.
Our manslaughter lawyers in London will suitably analyze the case, the grounds, and the accusations, in order to prove the innocence of a person who by gross negligence wounded someone, without having such intention.
Our team of criminal defence solicitors in London is specialized in defences for all types of manslaughter in England. If you are faced with such an allegation, please do not hesitate to contact us for legal guidance and advice.