Murder, Manslaughter and Assaults

In circumstances where a person uses or threatens unlawful violence towards another, they could commit an offence of assault.  Assault offences vary in range of seriousness from common assaults up to and including murder. Grading of offences is undertaken by reference to the level of injury caused to the victim.

Assaults

There are 3 types of assaults – common assault, ABH and GBH (with or without intent).

To commit an offence of common assault there only needs to be the fear of unlawful violence to another and physical contact is not required.

Assault Occasioning Actual Bodily Harm (ABH) is caused when unlawful violence is used towards another person resulting in an injury being caused.  In order for the Prosecution to prove an offence of ABH the injury must be more serious than a bruise.

Grievous Bodily Harm (GBH) is committed when a person suffers really serious injury as a result of another’s unlawful actions – there is a difference between causing such injury with or without the intent to do so.

Manslaughter and Murder

Both murder and manslaughter concern the unlawful death of another person.

The difference in law depends on whether the death was caused intentionally, recklessly or accidentally by an act or omission. Sometimes there is a clear answer but in other cases the distinction can be complicated depending on the sequence of events that lead to the death.

It is important to ensure that you are legally represented or have clear legal advice should you find yourself in a position where you are investigated for these offences due to the complexities surrounding the law and legal definitions.

Sentencing

As with the majority of criminal offences there are guidelines which must be followed when sentencing an individual convicted of any of the above offences.  For the less serious offences cases can be dealt with in a Magistrates court. The most serious offences, including murder and manslaughter, will always be heard in a Crown Court.

The mandatory sentence for murder is life imprisonment, no matter what the circumstances are, and the Judge will set a minimum term that the convicted person must serve in prison before they can be considered for release.

We are one of the largest and most well-respected criminal law practices in East Kent with a team of experienced and accredited solicitors. We have a network of experts and interpreters we can use to assist in the preparation of your case. We will explain your matter in clear and simple terms, provide you with advice and options, and ease your concerns wherever possible.

If you need assistance, email [email protected] or call us on 01303 246444 for expert criminal law advice.