Will I lose my assets if I divorce my spouse?
There is a misconception in divorce cases that you will lose half of your...- 20 November 2024
Posted: 11 July 2024
A homicide charge can result from an act of murder, manslaughter, infanticide or causing/allowing the death or serious injury of a child or vulnerable adult. Under current legislation, a conviction for an act of homicide by an adult can lead to life imprisonment sentence.
The latest legislation concerning such offences is the Homicide Act 1957. The Act established significant amendments to the Court’s approach in distinguishing the difference between murder and manslaughter. The introduction of partial defences to a homicide charge are as follows:
When a person kills another whilst committing another offence. The killing will not amount to murder unless done with the same malice as is required for a killing to amount to murder.
Where there is evidence that the defendant was provoked to lose his self-control, the jury will determine whether this provocation was enough to lead a reasonable man to kill another.
An offender will not be convicted of murder, and may instead be convicted of manslaughter, if they are not of sound mind due to mental or physical illness or injury.
An offender may be liable to be convicted of manslaughter and not murder, if they killed another or witnessed another killing themselves when it is a result of a suicide pact.
In its 2006 report, “Murder, Manslaughter and Infanticide”, the Law Commission suggested that the Homicide Act 1957 was in desperate need of reform. This view is still held by many today who wish for an amendment of the legislation to align with the needs of modern-day society.
Following conversations with the families of the victims of Valdo Calocane, the government have submitted the following reform proposals:
These reform proposals align with the recommendations of the Law Commission and provide more detailed guidance in what constitutes as murder or manslaughter.
In a Times interview, Dr Sanjoy Kumar (the father of one of Valdo Calocane’s victims) claims that the reform of the Homicide Act 1957 “would be a seismic, important change”.
It can, however, be reasoned that the proposed reforms do not amend the Homicide Act 1957 as extensively as portrayed. Instead, the guidelines of second-degree murder closely reflect those of manslaughter in its current form.
The government contends that increasing the minimum sentence of domestic killings will act as a preventative method with the aim of limiting fatalities stemming from domestic abuse. Whilst this party claims that those who kill their domestic abusers will not face the same starting point of 25-years as those who kill through abuse. Many are concerned that this reform may negatively impact abuse victims. Particularly in cases where women are convicted of manslaughter as a result of a finding of the defence diminished responsibility. Instead of manslaughter, these offenders will become second degree “murderers” and thus would be forced to face the stigma of this title. This may also create substantial difficulties regarding gaining custody and access to their children.
Finally, by extending sentences and implementing lower thresholds for murder, these reforms threaten to put more stress on the UK’s over-subscribed prison system. Without the capacity to accommodate these newly categorised “murderers,” the immediate impact of these reforms is limited. The government have proposed that their solution to this issue is to build four new prisons providing 20,000 places. However, they are unclear on the timeline for this development.
If you have been accused of an offence falling under the Homicide Act 1957, then it is important that you seek legal advice. Please contact our experienced criminal defence solicitors who can provide representation and advise you on likely sentence. Call Chelmsford Office 01245 252432, Benfleet Office 01268 792994, Braintree 01376 559690, Ipswich 01473 226 or send an email
- 20 November 2024
- 20 November 2024
- 20 November 2024
