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Murder, Attempted Murder & Culpable Homicide
Are you looking for the best criminal defence solicitor to defend you or someone close to you on a charge of murder, attempted murder or culpable homicide?
At Adams Whyte, Solicitors, we have vast experience of fighting for the best possible results for persons facing a charge of murder, attempted murder or culpable homicide. As experts in the field, you can count on us to guide you on the questions you really need answered, such as:
What must the prosecution prove in a murder or attempted murder case?
To seek to prove a charge of murder, the prosecution must prove that the accused killed (or attempted to kill) another person and did so wickedly intending to kill or being wickedly reckless (indifferent) as to whether the other person lived or died.
What if the accused’s actions were in response to an attack?
If it is accepted that the accused acted in self-defence or defence of another, he would be acquitted of murder.
What are the legal rules for self-defence in a charge of murder or attempted murder?
There must be an imminent danger to the life of the accused or the person he is defending.
If that danger can be avoided by escaping or retreating, the law expects you to use that means of escape or retreat.
You’re only entitled to use such force as is reasonable or proportionate to stop the attack on you or the person you are defending, so, for example, it wouldn’t normally meet the legal test of self-defence to use a knife if someone punched you or to continue using force once the imminent danger has passed.
What is ‘provocation’ in murder cases or attempted murder cases?
Provocation, if established, doesn’t lead to an acquittal, but to a conviction for the lesser charge of culpable homicide (or, in an attempted murder case, probably conviction for the lesser charge of assault to severe injury) and normally, therefore, to a lesser penalty than for a charge of murder (or attempted murder). Provocation might apply if the accused’s loss of self-control, although falling short of the legal test for self-defence, is the result of a provoking act, for example, an initial assault.
What is 'Diminished Responsibility'?
In regard to a charge of murder, if the ability of the accused person to control his behaviour was substantially impaired by reason of abnormality of mind, rather than be found guilty of murder, the accused can then be convicted of the lesser charge of culpable homicide on the grounds of diminished responsibility.
In particular, whilst a person of sound mind is legally responsible for his actions if his mind was affected, permanently or temporarily, so that it worked or works abnormally, his legal responsibility for his actions is deemed to be reduced or what the law describes as “diminished”.
Abnormality of mind includes mental illness, personality disorder and learning disability.
At Adams Whyte, Solicitors, we know our law and we work to win.
So, to speak with us in complete confidence for expert advice on any of the legal issues discussed above, get in touch now.
Are you looking for the best criminal defence solicitor to defend you or someone close to you on a charge of culpable homicide?
What is Culpable Homicide?
Culpable homicide is often regarded as broadly equivalent to the English crime of manslaughter. In particular, culpable homicide is the killing of a person where it can be shown or it’s accepted that the accused didn’t have wicked intention to kill, and didn’t act with such wicked recklessness as to make him guilty of murder.
Accordingly, culpable homicide is a crime less serious than murder and generally attracts sentences which are less significant than those in murder cases.
The accused’s acts must be intentional or at least reckless or grossly careless. A person is reckless or grossly careless if he acts in the face of obvious risks which were or should have been appreciated and guarded against or acting in a way which shows a complete disregard for any potential dangers.
At Adams Whyte, Solicitors, we know our law and we always work to win. So, to speak with us in complete confidence for advice you can trust, get in touch now.
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