Murder and Manslaughter Offences

Both Murder and Manslaughter include the alleged death of another person. The key distinction between both offences is dependent on various factors, including intent.

If you or someone you know is under investigation for murder or manslaughter, we understand that you can be very anxious and worried. The conclusion of the charges can have significant consequences to your future, your personal and professional life. We understand that it can most often be a very isolating time, family members disappointed about your circumstances and friends concerned about what the outcome will be of your case.

It is very important that you are supported by a solicitor which can advise and support your case at every stage, providing both emotional and professional care, to conclude your case with the best outcome possible.

Atesh Solicitors are specialised in violent crime offences and have years’ worth of expertise ranging from small to serious and complex cases. We are dedicated to support our clients, no matter what your case involves, with no judgement and uttermost professional and moral support. Do not lose hope, as the law states, you are innocent till proven guilty.

Guven Atesh, the director of Atesh Solicitors, has advised high profile clients charged with very serious offences. CBiz, represented by Guven Atesh and Ali Has, was charged with murder involving a shooting. After a careful, long and hard period of preparation, our client had all his charges dropped and walked out of court as a free man. Our clients matter to us, and the most diligent care is offered by our hard-working, persistent, and committed team.

 Contact our specialist criminal law solicitors for expert legal advice.

  • Murder is the unlawful killing of another person by someone of sound mind who intends to kill or cause them grievous bodily harm.

    If you are accused of murder, our team of solicitors are here to help reach the best outcome for you charge and support you with our skills and supportive team. Please contact us immediately if you have been accused of benefit fraud through our contact us page through our website or call us today.

    Our team at Atesh solicitors has vast experience handling cases involving murder. Look at our cases [here].

    Covered by the Homicide Act 1957, it is one of the most serious crimes and has severe penalties. The law surrounding murder is very complex and onerous. This is why it is important that you get legal advice to ensure you receive the best professional guidance and get the best possible outcome.

    Murder is covered by the Homicide Act 1957. The Act states murder is committed where a person:

    • of normal sanity

    • kills unlawfully

    • a human being

    • where there is no war

    • with the intention to kill or cause grievous bodily harm (GBH)

    An intention to kill and cause GBH is key in the process of investigations. If you are charged with murder, the court will try to gather information showing there was an intention to kill, which will rule out accidents that fall under manslaughter. Multiple factors could indicate an ‘intention to kill’ such as:

    • calculated planning

    • threats

    • selection and use of a dangerous and deadly weapon

    • severity or duration of the offence and relevant admissions in interview

    The information gathered by the prosecution during the investigation process will be used to determine an intention. After this, the prosecution must prove that the person’s action was directly correlated to the cause of death. For example, if a person stabs another human being with the intention to kill, but the victim is taken to hospital and dies due to the negligence of the doctor, this will break the chain of causation and may reduce your sentences. Having the right legal representation to prepare your defence is very important. Preparing a strong defence will determine your charges and sentences.

    There are various defences that a person charged with murder can sometimes rely upon, although these are partial defences and will only affect the sentences, not the charge of murder itself. This includes:

    • Diminished responsibility – this includes things like mental abnormality of the defendant. Medical and psychiatric reports will be required to prove this

    • Loss of control – the common law defence refers to acts or omissions that resulted in the death of the victim

    • A qualifying trigger - for example, if a woman was being sexually abuse by her husband and as self-defence grabbed a knife from the kitchen and offended the husband, she may be able to reply on this defence

    • Sufficiency of evidence

    The sentences for murder are severe as murder is a serious crime. The sentences are not necessarily a reflection of the value of life, as this is indeterminable. The maximum sentence is life imprisonment; however, the court can reduce this sentence ranging from 15 to 30 years. This will depend on the facts of your case and your defence.

    Our director, Guven Atesh, was handling the case of CBiz, grime star and rapper, who was charged with murder. A careful scrutinisation of the evidence gathered through social media and phones and the witnesses revealed that there was insufficient evidence and that the main witness had in fact lied. CBiz’s charges were dropped, and he was acquitted. The right solicitors and a strong defence can make all the difference for you.

    Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

  • If you or someone you know is charged with manslaughter, we urge you to seek professional legal advice. Our specialist criminal law solicitors are here to support you throughout your investigation. Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice. The conclusion of the charges can have significant consequences to your future, your personal and professional life. We understand that it can most often be a very isolating time, family members disappointed about your circumstances and friends concerned about what the outcome will be of your case.

    Manslaughter is where someone causes death of another person. It is a lesser charge in comparison to murder and is distinguished for the following reasons.

    Manslaughter can be sectioned under two categories:

    • Voluntary manslaughter – where there is an intention to kill or cause GBH but has a defence

    • Involuntary manslaughter – where there is no intention to kill or cause GBH, but death occurs as a result of gross negligence or an unlawful act

    The defences available for murder which reduces the charge to manslaughter are:

    • Loss of control

    • Diminished responsibility

    • Killing pursuant to a suicide pact

    The sentences for manslaughter are severe but will depend on the specific facts of the case and the defence. The maximum sentence a judge can adjudicate is life imprisonment.

    This will depend on various factors including whether the defendant pleaded guilty.

    It is very important that you are supported by a specialised solicitor which can advise and support your case at every stage, providing both emotional and professional care, to conclude your case with the best outcome possible.

    Atesh Solicitors are specialised in violent crime offences and have years’ worth of expertise ranging from small to serious and complex cases. We are dedicated to support our clients, no matter what your case involves, with no judgement and utmost professional and moral support. Do not lose hope, as the law states, you are innocent till proven guilty.

    Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

  • If a person plans or participates in the orchestration of planning to murder another individual, they will likely be charged with Conspiracy to Commit Murder. This offence criminalises conduct that involves the agreement between two or more people to commit murder. The planning of the conduct it the offence, not the actual crime itself. this means you can be charged with conspiracy to murder where the murder never happened.

    The maximum sentence for conspiracy to murder is equal to the offence of murder itself, life imprisonment. The only difference is that judges have discretion to apply this sentence.

    If you or someone you know is accused of conspiracy to murder, we understand that you can be very anxious and worried. The conclusion of the charges can have significant consequences to your future, your personal and professional life. We understand that it can most often be a very isolating time. Contact our specialist criminal law solicitors for expert advice to get support and guidance, both materially and emotionally, in this immensely stressful time.

    Covered under the Serious Crime Act 2007, a person can be charged with conspiracy to murder even where there was no action done to commit it at the time of the investigation. For example, it includes written or spoken agreements or any other unconcealed acts.

    The prosecution must gather evidence, such as phone conversations or witnesses, and it must be provable. You cannot be charged with conspiracy to murder if it is purely a mental thought.

    Our specialist criminal law solicitors are here to support you throughout your investigation.

    Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

  • Attempted Murder is an offence committed where a person does an act that is more than merely preparatory to the commission of murder, and at the time, the person had an intention to kill.

    If you or someone you know is charged with attempted murder, we urge you to seek professional legal advice. Our specialist criminal law solicitors are here to support you throughout your investigation. Atesh Solicitors are specialised in violent crime offences and have years’ worth of expertise ranging from small to serious and complex cases. We are dedicated to support our clients, no matter what your case involves, with no judgement and utmost professional and moral support. Do not lose hope, as the law states, you are innocent till proven guilty.

    Attempted murder is covered by the Criminal Attempts Act 1981.

    The sentence for attempted murder can range from 3 – 40 year’s custody, with a maximum sentence of life imprisonment. It is important that you have a strong defence to get the best possible outcome for your case.

    The defendant’s sentence will depend on culpability and the harm caused.

    Culpability is measured on a 4-tier scale:

    • Very high culpability

    • High culpability

    • Medium culpability

    • Lesser culpability

    Harm:

    • Category 1: the injury caused results in lifelong dependency due to physical or psychological harm

    • Category 2: the injury cause is permanent and irreversible, or relates to a psychological condition which has a substantial and long-term consequence on the victim’s ability to proceed a normal life

    Other factors that will be considered include:

    • Any previous convictions

    • Whether the offence was committed whilst on bail

    • If the offence was motivated by race, religion, sexual orientation, or transgender identity

    It is of paramount importance that you get proper legal support from the start of the investigation. For more information regarding charges and sentences related to attempted murder contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

  • If you have been involved in an incident which has resulted in the death of another person, you may be charged with Death by Dangerous Driving.

    Death by dangerous driving is governed by section 1 of The Road Traffic Act 1988.

    The sentences for death by dangerous driving range from 2 to 14 year’s custody.

    In order to prove their case against the Defendant, the Prosecution must provide evidence to establish that:

    • The Defendant’s driving would have been deemed as ‘dangerous’ to a competent driver; and

    • that the driving was a cause of death to the other person

    ‘Dangerous’ or ‘reckless’ driving is when the standards of someone’s driving falls far below what is expected of a competent driver. Causing Death by Dangerous Driving is a serious offence which must be heard in a Crown Court.

    A person investigated for death by dangerous driving may be able to rely upon various defences, including:

    • If the defendant unwittingly consumed alcohol or drugs

    • The defendant was seriously injured in the collision

    • The victim was a relative or close friend

    • If third parties or the victim significantly contributed to the chances of the collision and/or the resulting death

    • If the defendant was an inexperienced driver which contributed to the occurrence of the offence

    • If the defendant was driving dangerously because of a genuine emergency short of a defence

    If you are accused of death by dangerous driving, our team of solicitors are here to help reach the best outcome for your charges and support you with our skills and empathetic team.

    Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

  • Atesh Solicitors have extensive experience in dealing with Criminal Investigations and Proceedings relating to Murder and Manslaughter. Murder and Manslaughter are arguably the most heinous criminal offences, with potential for Defendants to receive life imprisonment upon conviction. Cases are usually complex and lengthy and as such, expert advice from a specialist and experienced Legal Team is essential if you find yourself charged with such an offence.

    When several Defendants face Trial together for Murder, the Prosecution’s case is that they were acting as part of Joint Enterprise, meaning joint effort. If a Defendant is charged on a Joint Enterprise basis, it is essential that the case is prepared in a meticulous way.

    Following the case of R v Jogee [2016] UKSC 8, it is now necessary for the Prosecution to prove that each Defendant to the Joint Enterprise intended for the victim to die or face serious injury. For it to be classed as Joint Enterprise, the behaviour of the individual Defendants and the evidence must indicate that they were acting as a group, and they understood they were working together.

    Cases involving Joint Enterprise can be extremely complex and lengthy and it is imperative to have an expert Legal Team to provide advice.

    If you or someone you know is charged with possession joint enterprise of murder/manslaughter, we urge you to seek professional legal advice. Our specialist criminal law solicitors are here to support you throughout your investigation.

    Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

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