Murder & Manslaughter

In order to establish guilt for murder, the prosecution must not only demonstrate your involvement in the alleged act but also prove beyond reasonable doubt that you intended to either kill the victim or cause them grievous bodily harm. While it is less frequent for an individual to initially face manslaughter charges, such instances can occur when it is alleged that the accused party is accountable for the victim’s death but did not harbour the intent to kill or inflict grievous bodily harm.

In certain instances, an accused individual may acknowledge their involvement in the victim’s death but contest the necessary intent to kill or cause grievous harm, leading them to plead guilty to manslaughter. Such cases often involve an in-depth examination of the accused’s mental state during the offence, necessitating the engagement of a psychiatrist or psychologist to evaluate the accused.

At times, a jury may reach a verdict of manslaughter as an alternative to murder in a trial. This could occur when, for instance, they are convinced that the accused caused the victim’s death or was accountable for it, but they harbour doubts regarding whether the accused intended to kill or cause grievous harm. Conversely, in certain cases, the situation may be more straightforward. The defence’s argument might centre on self-defence, asserting that the accused acted in a proportionate and reasonable manner in defence of themselves or another individual.

There could also be considerations of causation. For instance, was it the actions of the accused individual that directly led to the victim’s death, or was there another intervening act that played a role?

The accused may in fact simply be disputing that he was even present at all at the scene of the incident. He may have an alibi.

More complex issue concerns ‘Joint enterprise’ where the accused person is said to have been part of a group activity where his actions may have simply been to encourage others to commit the act of murder. The prosecution would have to prove that even though he may not have been the assailant, he shared the same intention of killing or causing really serious harm to the victim.

In cases labelled as “gangland” murders, the accused may not necessarily be the individual who physically carried out the act of murder. Their involvement could manifest in various forms: they might have enticed the victim to their demise, served as the getaway driver, provided the weapon with knowledge of its intended use, orchestrated the plan, organised the execution, or issued the directive for the “hit.”

For any adult convicted of murder, it carries a mandatory life sentence that will have a minimum fixed term attached to it. This is the period of time that must be served before being eligible for parole. Upon release the person remains on licence for the remainder of their life.

Assisting an offender involves taking actions with the intent to prevent someone from being apprehended or prosecuted for a “relevant offence,” knowing or believing that the individual has committed such an offence. In this context, a relevant offence is any crime punishable by more than five years in prison, commonly including murder. It requires the commission of another offence, and acts that might otherwise be considered innocent become illegal and subject to imprisonment.

Examples of assisting an offender may include:

• Laundering clothes to remove evidence
• Allowing them to hide in one’s house, garden, shed, or car
• Providing transportation to the airport, train station, or taxi rank
• Concealing or disposing of a weapon on their behalf
• Disposing of a vehicle linked to the offence