Define: Fatal Offences

Fatal offences typically refer to criminal acts that result in the death of a victim. These offences are considered among the most serious crimes in legal systems worldwide and carry severe penalties, including imprisonment, fines, and in some cases, the death penalty. Examples of fatal offences include murder, manslaughter, vehicular homicide, and certain forms of assault resulting in death. The classification and punishment for fatal offences vary depending on the jurisdiction and the circumstances of the case, with factors such as intent, premeditation, and mitigating circumstances influencing the legal outcome. Prosecution for fatal offences often involves thorough investigation, forensic evidence gathering, and legal proceedings aimed at establishing the guilt of the accused beyond a reasonable doubt.

Murder

In UK law a person can be found guilty of murder if he kills someone intending (see: Intention) to kill, or to do grievous bodily harm. Recklessness, which is part of the Mens Rea for many offences against the person, is not adequate for murder. It may, however, be adequate for manslaughter.

The fact that a person can be guilty of murder while attempting to commit GBH is a violation of the “correspondence principle”, that says that a person’s punishment should reflect the crime intended, and not another crime altogether. It has been argued that the Homicide Act (1957) abolished the ability to convict for murder on the basis of GBH, owing to s.1(1) which removes the offence of “constructive murder”. It could be claimed that killing while doing GBH is just another kind of constructive murder, and has been abolished. However, courts have generally been reluctant to assume that an ancient principle has been overturned and, at present, a conviction for murder can be sustained where the intention was to do GBH.

It is also possible to be convicted of murder without causing the death of another through joint enterprise. If a person is a member of a group (particularly a gang), and foresees that the primary party might kill with the intention to kill or cause GBH, the secondary person can also be convicted of murder.

Murder has a mandatory life sentence and is one of the few offences where there is no scope to offer consent as a defence. The one exception to this is in cases of a Suicide pact.

Manslaughter

English law recognises two metas of manslaughter: voluntary and involuntary.

Voluntary manslaughter has the same Actus Reus Mens Rea as murder, but an additional factor mitigates the crime. Currently, three such factors are recognised:

• Provocation
• Suicide pact
• Diminished responsibility

Concerning involuntary manslaughter, there are two metas:

• constructive manslaughter, where a person is killed in the execution of another crime (except GBH, which amounts to murder), and
• manslaughter by gross negligence.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.