Murder & Manslaughter Solicitor Birmingham

Murder — The unlawful killing of a human being under the Queen’s peace, with malice aforethought — meaning an intention to kill or to cause grievous bodily harm. Murder carries a mandatory life sentence. The judge sets the minimum term (the tariff) that must be served before the Parole Board can consider release. Starting points range from a whole-life order (for the most serious cases) down to 15 years. The actual minimum term depends on aggravating and mitigating factors.

Manslaughter — The unlawful killing of a human being without malice aforethought. There are two main categories. Voluntary manslaughter arises where a person would otherwise be guilty of murder but a partial defence applies — loss of control (under the Coroners and Justice Act 2009) or diminished responsibility (under the Homicide Act 1957). Involuntary manslaughter arises where a killing results from an unlawful act, or from gross negligence, without any intention to kill or cause grievous bodily harm. Maximum sentence: life imprisonment.

Solicitation to murder (section 4 Offences Against the Person Act 1861) — Soliciting, encouraging, or proposing to any person to murder another. Maximum sentence: life imprisonment.

Attempted murder — An attempt to commit murder, requiring proof of an intention to kill (not merely to cause grievous bodily harm). Maximum sentence: life imprisonment.

Loss of control under section 54 of the Coroners and Justice Act 2009 requires proof that the defendant lost self-control, that there was a qualifying trigger (either a fear of serious violence or circumstances of an extremely grave character that caused the defendant to have a justifiable sense of being seriously wronged), and that a person of the defendant’s sex and age with a normal degree of tolerance might have reacted in the same or similar way. If successful, loss of control reduces murder to manslaughter.

Diminished responsibility under section 2 of the Homicide Act 1957 (as amended by the Coroners and Justice Act 2009) requires proof of an abnormality of mental functioning arising from a recognised medical condition, which substantially impaired the defendant’s ability to understand the nature of their conduct, form a rational judgment, or exercise self-control, and which provides an explanation for the act or omission. Medical evidence is required. David instructs expert psychiatrists and psychologists where diminished responsibility is in issue.

Self-defence is a complete defence to both murder and manslaughter where the force used was necessary in all the circumstances and was not disproportionate to the threat faced. The jury applies a subjective/objective test. David advises on whether a self-defence case is viable on the specific facts.

In homicide cases, David acts as the instructing solicitor from arrest through to verdict. His role includes: advising in police interviews (free under legal aid); reviewing the prosecution evidence in full, including forensic, pathological, and witness evidence; identifying the appropriate defence strategy; instructing leading counsel (KC) and junior counsel; instructing experts including forensic pathologists, forensic scientists, and psychiatric experts; and managing the full preparation of the case for trial.

David approaches homicide cases with the seriousness they require. He recognises the profound impact of homicide on all those involved and handles these cases with care, thoroughness, and sensitivity.