Being involved in the unlawful killing of another person is one of the most serious situations someone can find themselves in. Both in terms of legal repercussions and broader social implications, it can be incredibly difficult to deal with, and it’s imperative that you have the right support.
There are a few different offences that can apply to these situations, one of which is voluntary manslaughter. In this article, we take a closer look at the offence, along with some closely related offences, sentencing information, and how you might choose to build a legal defence.
In short
Voluntary manslaughter refers to the intentional unlawful killing of another person, but where there are certain mitigating circumstances that apply, which reduce the charge from murder. It is very similar to murder, but one of three main partial defences will apply.
It is still an incredibly serious situation to find yourself in, and it will need to be treated just as seriously as a full murder charge. The sooner you can put together a competent team of legal professionals to start working on your defence, the better the outcome will likely be.
Voluntary manslaughter defined
Legally speaking, voluntary manslaughter is not technically an offence that you can be indicted for; rather, it is a verdict that a court can come to after an initial indictment of murder. This verdict can be arrived at in several ways, depending on which defence against a murder charge is relevant.
Diminished responsibility is defined under section 2 of the Homicide Act 1957, suicide pacts under section 4 of the Homicide Act 1957, and loss of control under sections 54-56 of the Coroners and Justice Act 2009.
Murder
To understand how these various offences might apply, it’s important to first understand the offence that is being defended against: murder. Murder is the most serious offence that can be committed against another person, and involves the intentional killing of another person, as defined under common law.
More specifically, the offence is committed when a person of sound mind (sane) unlawfully kills another human being, with the intent to kill or cause grievous bodily harm. This act must also have been committed under the King’s Peace.
The three partial defences
The three partial defences to murder don’t generally contest the intent of the offender or the fact that their actions resulted in someone’s death. Rather, they tend to centre on how responsible the person can be held accountable for that intentional death.
Diminished responsibility
One partial defence to a murder charge is to argue that the offender had only diminished responsibility for their actions. To successfully argue this defence, four points must be proven:
- The defendant must have been suffering from an abnormality of mental functioning
- This abnormality must have arisen from a recognised medical condition
- It must have substantially impaired the defendant’s ability to exercise self-control, use their rational judgement, or understand the nature of their actions
- If all of the above can be proven, it must be shown that this is an explanation for their conduct as outlined in section 52 of the Coroners and Justice Act 2009.
Arguing this defence will, in most cases, require access to expert evidence and support, often through mental health professionals. The judge will also have to decide whether or not the defence of diminished responsibility will go to the jury.
Suicide pacts
Another partial defence to murder is if the defendant was acting in pursuance of a suicide pact between them and the victim. They must satisfy the jury on the balance of probabilities, not beyond reasonable doubt, that the suicide pact existed and that the defendant was acting in pursuance of the pact at the time of the killing and intended to die themself in pursuance of the pact.
Loss of control
Loss of control is the third partial defence, and it has three components under section 54(1)(a)(b) and (c) Coroners and Justice Act 2009.
The defendant must prove a loss of control, a qualifying trigger, and then pass an objective test, whereby another person of the same sex and age, with a normal degree of tolerance, who finds themselves in the same circumstances as the defendant, would also act in the same way.
Sentencing guidelines
Voluntary manslaughter is an incredibly serious crime to be found guilty of. However, unlike murder, there is no mandatory minimum sentence of life imprisonment, and the sentence you will receive can vary substantially depending on the details of your case in particular.
The sentencing council has different sentencing guidelines depending on which partial defence applies.
If you are found guilty of manslaughter by reason of loss of control, you can face a maximum sentence of life imprisonment, with an offence range of between 3 and 20 years in prison.
If found guilty of manslaughter by reason of diminished responsibility, you can face a maximum sentence of life imprisonment, with an offence range of between 3 and 40 years in prison.
For manslaughter that is committed as part of a failed suicide pact, there is no official sentencing guideline, as these cases are so rare. The maximum sentence is still life imprisonment, but the court relies on judicial discretion, and will try to assess the situation based on the circumstances. In some cases, suspended sentences or even hospital orders might be deemed appropriate instead of a custodial sentence.
The importance of legal assistance
Due to how serious both murder and voluntary manslaughter charges are, and how complicated a successful defence can be to develop, you need to take your legal strategy seriously.
It’s imperative that you seek legal counsel as early as reasonably possible, so that you and your legal team have sufficient time to develop that defence. You will also likely have to engage other parties, including mental health professionals and specialist witnesses, all of which can take time to sort out. The more time you have on your side, the better the chances of a favourable outcome.
Are you facing charges? For further advice specific to your charges, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also contact our team of solicitors directly.
