{"id":294,"date":"2019-08-05T10:44:09","date_gmt":"2019-08-05T10:44:09","guid":{"rendered":""},"modified":"2019-08-16T13:32:33","modified_gmt":"2019-08-16T13:32:33","slug":"differences-murder-manslaughter-charges-6411","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/free-law-essays\/criminal-law\/differences-murder-manslaughter-charges-6411.php","title":{"rendered":"Differences Between Murder and Manslaughter Charges"},"content":{"rendered":"

Introduction <\/h3>\n

The legal
\nprinciples and case laws used shall support the understanding between the
\ndifferences of murder and manslaughter. Comparing the two main classes of
\nmanslaughter and discussing the special defences used for murder and
\nmanslaughter. Evaluating the legal principles and the case laws for this
\ndefences. With an analyse on the theory of sentencing for both offences with a
\ndiscussion for the minimum life tariff concerning the life sentence. <\/p>\n

Analyse,
\nusing legal principles and case law, the difference between murder and
\nmanslaughter.<\/p>\n

Brookman (2005)
\nsuggests homicide is the term used to refer to an unlawful killing when a sound
\nminded person unlawfully takes another person’s life.  <\/p>\n

CPS (2017) cited
\nwithin the term there are three classifications – Murder, Manslaughter and
\nGrievous bodily harm as often abbreviated as GBH. <\/p>\n

Murder<\/h3>\n

For a homicide
\ncase to be considered a murder, the person must have the intention to kill. <\/p>\n

Hunt (2000) cited
\na great example is the case of R. v. Vickers [1957] 2 QB 664 which emphases the
\n\u2018express malice’, determined by the \u2018malice aforethought’ or the mens rea,
\nwhich relates to the mental part of a crime or to induce \u2018great bodily harm’
\nsuch as the case of R. v. Cunningham [1982] AC 566 by \u2018implied malice’. <\/p>\n

e-law resources
\n(n.d. a) stated, However, in some cases is not enough to prove the unlawful act
\nwas committed alone; therefore, their criminal state of mind should be
\nconsidered. Four general states of mind usually incorporate them:<\/p>\n

Hunt (2000) cited
\nthe intention whether the person intended or not to cause the unlawful
\nconsequence and achieved the purpose by a direct intent such as R. v. Moloney
\n[1985] AC 905. <\/p>\n

Hunt, M. (2000) argues that however, the unlawful act is not only covering the direct intent by the \u2018desire death’, and by proving that causing death by fear was enough to guarantee a conviction such as in R v Hayward [1908] 21 Cox CC 692 but extending this offence to oblique intent \u2018foreseen death’ such as R. v. Woollin<\/a> [1999] AC 82.\u00a0 <\/p>\n

Hunt, M. (2000)
\nargues recklessness when an unjustified risk has been committed, whether the
\nrisk was justified or not, this can be by either the objective such as in R v
\nLawrence Stephen) [1982] AC 510 or subjective in R. v. Sangha [1988] 2 All ER
\n385. Therefore, the subjective form cannot be used to avoid the liability.
\nHowever, the subjective perception is a relevant point in deciding if the
\nliability for the criminal offence was committed by taking the risk. This
\nmeasure emphasis the importance of fault and the defendant responsibility.<\/p>\n

Hunt (2000) cited
\nnegligence has a minor role and is often used to refer to some driving offences
\nand has the objective standard such as in McCrone v. Riding [1938] 1 All ER
\n137, the offence relates to gross negligence that the defendant should owe a
\nduty of care or in breach of duty.<\/p>\n

Hunt (2000)
\nargues that liability are offences that relate to health and safety aimed at
\nbusiness as in Gammon (Hong Kong) Ltd v Attorney-General of Hong Kong [1985] AC
\n1. and at some driving offices such as speeding. The liability has a
\ncontroversial use by the criminal law, and the person could be liable to
\nconsequence even knowing they have no fault. However, the measure is acceptable
\nas it brings practical benefits and protection. \n<\/p>\n

e-law resources
\n(n.d. b) cited the state of mind leads to the actus reus of murder which
\nrelates to the physical part of a crime and includes the conduct, circumstance
\nand consequence. Which consists of the unlawful act that causes the death of
\nanother person in the Queen’s peace.<\/p>\n

e-law resources
\n(n.d. b) stated the unlawful homicide by causing a person’s death can be either
\nby act or omission in Gibbins v Proctor [1918] [2] and the causation should be
\nrecognised. Although, in some cases, this act can be lawful classified. <\/p>\n

Law Teacher (2013
\nc) cited there are three possibilities can be used as a reason for a person to
\nbe allowed to use reasonable force. By defending himself from an attack in R v
\nBird [1985] 1 WLR 816, prevent an attack as R v Rose [1884] 15 Cox 540 or
\ndefend his property in R v Hussey [1924] 18 Cr App R 160. However, if an
\nexcessive force used, the defendant could be held liable such as in the case of
\nR v Williams Gladstone [1984] 78 Cr App R 276.<\/p>\n

In duty policeman
\nor soldiers, however, killing a prisoner of war can be categorised as
\nmurder.   <\/p>\n

Brookman (2005)
\nstates that murder is under common law and falls into a mandatory life
\nsentence, murder and manslaughter share the same actus reus principles; the
\nguilty act. However, there are three partial defences in which can be used to
\nreduce a possible conviction from murder into Voluntary Manslaughter under the
\nHomicide Act 1957.<\/p>\n

Compare
\nthe various classes of manslaughter<\/h3>\n

Manslaughter<\/h3>\n

Brookman (2005)
\nsuggest that manslaughter is an unlawful killing not classified as murder.
\nHowever, the offence is \u2018very broad and ranges between the edges of murder to
\nthe accidental death’, (Law Commission, 1996: No. 237, p.1) for this reason the
\npunishment for this offence is generally less than murder. The offence is
\ncomposed of two main categories: Voluntary Manslaughter and Involuntary
\nManslaughter.<\/p>\n

Voluntary
\nManslaughter<\/h3>\n

Law Teacher (2013
\na) suggests the offence is under common law. However, it has been revised by
\nthe courts for a series of cases and The Homicide Act 1957 gave a statutory
\npower by adding a further two offences under this category.  And refers to cases where the accuser did not
\nintend to cause death or to cause serious harm \u2018without malice aforethought’,
\nthe absence of malice aforethought suggests that manslaughter has less moral
\nblame than murder and a good example is the case of R. v. Larkin [1942] 29 Cr
\nApp R 18. Therefore, under some circumstances in which the law refers as
\nmitigating it varies by the gravity of the offence committed. <\/p>\n

Involuntary
\nManslaughter<\/h3>\n

Law Teacher (2013
\nb) refer to cases where there was no intention to kill or to cause serious
\nharm, but under some circumstances, the law attributes as the person who caused
\ndeath was responsible. A person could be convicted by involuntary manslaughter
\nin two ways; constructive \u2018unlawful act’ or by reckless or gross negligence. <\/p>\n

Hunt, M. (2000)
\ncited that constructive manslaughter occurs when the defendant commits an
\nunlawful and dangerous act likely to cause the physical harm and death is the
\nde accidental result of this act in R v Church [1966] 1 QB 59. <\/p>\n

Reckless occurs
\nfrom the person’s conduct which caused the death, the awareness that this
\naction could result in death or serious harm and an unreasonable risk happened.<\/p>\n

Hunt, M. (2000)
\ncited that gross negligence occurs when the defendant causes death through
\ncareless or incompetence as R. v. Adomako [1994] 3 WLR 288.<\/p>\n

Evaluate
\nthe legal principles and case law relevant to the defences.<\/h3>\n

Law Teacher (2013
\nc) argues that diminished responsibility is a plea defence under the murder
\ncharge, but also falls under voluntary manslaughter, therefore reducing a
\npossible sentence from murder to voluntary manslaughter. Defendants suffering
\nfrom diminished responsibility should not be convicted for murder, as the person
\ncould significantly misjudge his mental state for his acts or omission by doing
\nor by being part of the act such in R v Byrne [1960] case. <\/p>\n

e-law resources
\n(n.d. b) cited that loss of control was established by s.54 of the Coroners and
\nJustice Act 2009, although only started in October 2010 and crimes committed
\nbefore continued to fall under the defence of provocation. <\/p>\n

Hunt (2000)
\npoints out under the defence of provocation the defendant must have the two
\nelements to be satisfied: the subjective and the objective. <\/p>\n

The subjective
\nelement is the results together, from acts and words that led a person to lose
\nthe self-control and must be sudden and temporary such as R v Duff [1949], the
\naiming is to identify the uncountable act to deliberate acts seeking revenge.
\nHowever, there are many problems especially when woman hesitate in cases
\nagainst abusive companion one good example was the case of R v Ahluwalia [1992]
\nresulting in that any provocation history can be relevant. <\/p>\n

Analyse
\nthe theory of sentencing in relation to murder and manslaughter.<\/p>\n

Law Teacher (2013
\nd) specify five purposes aiming to justify the punishments. Deterrence,
\nrehabilitation, protection, retribution and symbolic denunciation. <\/p>\n

Protection <\/h3>\n

The public
\nprotection is the most crucial and considerable part for punishment, as he aims
\nfor imprisonment to assist in immobilising the offender’s future actions,
\ntherefore, protecting the public. However, the effectiveness of the process has
\ncontroversial issues as offenders are more likely to re-offend after release
\nfrom prison or to commit more serious crimes. On the other hand, not preventing
\nthe crimes to occur but only deferring. The Home Office Handbook, The Sentence
\nof the Court (1986) states that \u2018recorded crime rates would not be substantially
\naffected if fewer offenders were sent to prison’. Therefore, reinforcing the
\nfragility of the process. Nevertheless, the imprisonment of an offender can
\nhave a positive effect by protecting the society from a potentially more
\nserious crime. <\/p>\n

Conclusion<\/h3>\n

The sentencing
\nand case laws had massively impacted the way law operates, demonstrating it
\nworks relatively close to the offender’s acts and the gravity of the case,
\ntaking in consideration all the aspects of the unlawful act committed. The
\ncriminal system must persist in maintaining public confidence by implementing
\nthe appropriated strategies for individuals’ offences. The context referring
\nthe life sentence and minimum sentencing. Furthermore, while the custody could
\nbe the only option, the effectiveness of the process demonstrates it should
\nonly be used only necessary and a more effective should be a non-custodial
\nalternative.  <\/p>\n

References<\/h3>\n
    \n
  • Brookman, F. (2005) Understanding Homicide<\/em>. Reprint, London: SAGE Publications Ltd, 2013 (2). <\/li>\n
  • Hunt, M. (2000) Sweet & Maxwell Study Guide, A Level and AS Level Law<\/em>, London: Sweet & Maxwell Ltd. <\/li>\n
  • e-law resources (n.d. a) Actus reus in criminal law<\/em>. Available at: http:\/\/e-lawresources.co.uk\/Actus-reus.php (Assessed: 29 November 2018)<\/li>\n
  • e-law resources (n.d. b) The law of murder.<\/em> Available at: http:\/\/e-lawresources.co.uk\/The-law-of-murder.php (Assessed: 29 November 2018)<\/li>\n
  • e-law resources (n.d. c) The Defence of Loss of Control<\/em> – Voluntary Manslaughter. Available at: http:\/\/e-lawresources.co.uk\/Loss-of-control.php (Assessed: 06 December 2018)<\/li>\n
  • Law Teacher (2013 a) Self Defense Cases – Case Summaries<\/em>. Available at: https:\/\/www.lawteacher.net\/cases\/self-defence.php?vref=1 (Assessed: 04 December 2018)<\/li>\n
  • Law Teacher (2013 b) Unlawful homicide and police powers.<\/em> Available at: https:\/\/www.lawteacher.net\/free-law-essays\/civil-law\/unlawful-homicide-and-police-powers.php?vref=1 (Accessed 6 December 2018)<\/li>\n
  • Law Teacher (2013 c) Principles of Sentencing Lecture<\/em>. Available at: https:\/\/www.lawteacher.net\/lecture-notes\/principles-of-sentencing.php?vref=1 (Accessed: 8 December 2018)<\/li>\n
  • CPS (2017) Homicide: Murder and Manslaughter<\/em>. Available at: https:\/\/www.cps.gov.uk\/legal-guidance\/homicide-murder-and-manslaughter (Assessed: 05 December 2018)<\/li>\n
  •  R. v. Vickers<\/em> [1957] 2 QB 664. Cited in.<\/li>\n
  • Hunt, M. (2000) Sweet & Maxwell Study Guide, A Level and AS Level Law, London: Sweet & Maxwell Ltd.<\/li>\n
  • R. v. Cunningham<\/em> [1982] AC 566. Available at: http:\/\/www.e-lawresources.co.uk\/R-v-Cunningham-%5B1982%5D.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Moloney<\/em> [1985] AC 905. Available at: http:\/\/e-lawresources.co.uk\/R-v-Moloney.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Hayward<\/em> [1908] 21 Cox CC 692. Available at: https:\/\/www.lawteacher.net\/cases\/r-v-hayward.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Woollin<\/em> [1999] AC 82. Available at:  http:\/\/www.e-lawresources.co.uk\/R-v-Woollin.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Lawrence Stephen<\/em> [1982] AC 510. Available at: http:\/\/www.e-lawresources.co.uk\/R-v-Lawrence-(Stephen)-[1982].php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Sangha<\/em> [1988] 2 All ER 385. Available at: http:\/\/www.e-lawresources.co.uk\/R-v-Sangha.php (Assessed: 06 December 2018)<\/li>\n
  • McCrone v. Riding<\/em> [1938] 1 All ER 137. Available at: https:\/\/swarb.co.uk\/mccrone-v-riding-1938\/ (Assessed: 06 December 2018)<\/li>\n
  • Gammon<\/em> (Hong Kong) Ltd v Attorney-General of Hong Kong<\/em> [1985] AC 1. Available at:  http:\/\/www.e-lawresources.co.uk\/Gammon-%28Hong-Kong%29-v-Attorney-General-of-Hong.php (Assessed: 06 December 2018)<\/li>\n
  • Gibbins v Proctor<\/em> [1918] [2]. Available at: https:\/\/webstroke.co.uk\/law\/cases\/r-v-gibbons-and-proctor-1918 (Assessed: 06 December 2018)<\/li>\n
  • R. v. Bird<\/em> [1985] 1 WLR 816. Available at: http:\/\/e-lawresources.co.uk\/R-v-Bird.php (Assessed: 06 December 2018) <\/li>\n
  • R. v. Rose<\/em> [1884] 15 Cox 540. Available at: https:\/\/www.lawteacher.net\/cases\/self-defence.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Hussey<\/em> [1924] 18 Cr App R 160. Available at: https:\/\/swarb.co.uk\/rex-v-hussey-1924\/ (Assessed: 06 December 2018)<\/li>\n
  • R. v. Williams Gladstone<\/em> [1984] 78 Cr App R 276. Available at: http:\/\/www.e-lawresources.co.uk\/R-v-Gladstone-Williams.php (Assessed: 06 December 2018) <\/li>\n
  • R. v. Larkin<\/em> [1942] 29 Cr App R 18. Available at: http:\/\/e-lawresources.co.uk\/R-v-Larkin.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Church<\/em> [1966] 1 QB 59. Available at: https:\/\/www.lawteacher.net\/cases\/r-v-church.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Adomako<\/em> [1994] 3 WLR 288. Available at: http:\/\/e-lawresources.co.uk\/R-v-Adomako.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Byrne<\/em> [1960] 2 QB 396. Available at: http:\/\/e-lawresources.co.uk\/R-v-Byrne.php (Assessed: 06 December 2018)<\/li>\n
  • R. v. Duff<\/em> [1949] 1 All ER 932. Available at: http:\/\/www.e-lawresources.co.uk\/R-v-Duffy.php (Assessed: 08 December 2018)<\/li>\n
  • R. v. Ahluwalia<\/em> [1993] 96 Cr App R 133. Available at: http:\/\/e-lawresources.co.uk\/R-v-Ahluwalia.php (Assessed: 08 December 2018)<\/li>\n<\/ul>\n

    Bibliography <\/h3>\n
      \n
    • Epimetheus (2017) Murder, Manslaughter, Homicide, a killing differences explained in less than 5 minutes (video) Available at:  https:\/\/www.youtube.com\/watch?v=WDA2cE3YcIA (Assessed: 29 November 2018) <\/li>\n
    • Lawtons solicitors (2016) Serious Violence & Assault, The defense’s for murder under UK law. Available at: https:\/\/www.lawtonslaw.co.uk\/resources\/murder\/ (Assessed: 05 December 2018)<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

      Defendants suffering from diminished responsibility should not be convicted for murder, as the person could significantly misjudge his mental state for his acts or omission by doing or by being part of the act such in R v Byrne [1960] case. <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39],"tags":[85],"class_list":["post-294","post","type-post","status-publish","format-standard","hentry","category-free-law-essayscriminal-law","tag-uk-law"],"yoast_head":"\nDifferences Between Murder and Manslaughter Charges | LawTeacher.net<\/title>\n<meta name=\"description\" content=\"Defendants suffering from diminished responsibility should not be convicted for murder, as the person could significantly misjudge his mental state for his acts or omission by doing or by being part of the act such in R v Byrne case.\" \/>\n<meta name=\"robots\" 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