Richard Freeman, Solicitor Advocate of Criminal Defence Solutions is very experienced in defending serious crimes and murder is the most serious offence in the broad spectrum of common law offences and has to be prosecuted in the High Court. A conviction results in a mandatory sentence of life imprisonment.
Murder is committed either when someone with criminal intent, intentionally takes the life of another, or when they have acted with such wicked disregard for the life of another. The evidence itself, the police examination, its gathering and police storage procedures have to be of a very high standard in order to be valid in court and if Criminal Defence Solutions and its consultancy team are able to find any technical flaws, then we fight for that evidence to be disregarded. Richard Freeman, nicknamed "Mr. Technicality" has earned his reputation in the court system for find technical issues that can be utilized to the benefit of our clients. Knowing what to look for, having the tenacity to painstakingly search for it and then using that information at the vital time can sometimes be crippling to a prosecution case. If an acquittal is not possible, negotiations can still be made to signiicantly improve our client"s position when receiving a sentence.
A simple example of each is if someone points a gun deliberately at an individual with the intention of killing them and they die as a result of that shooting that is murder. Alternatively if they shoot aimlessly in the direction of a crowd and kill someone as a result they can be said to have acted with such wicked disregard for life that it amounts to murder and a conviction can follow.
Richard Freeman (AKA Mr. Technicality) is one of Scotland's most prominent Solicitor Advocates with the skills, decades of experience and technical expertise to vigorously defend your position. Its important to enlist the services of an expert defence lawyer with a strong track record such as Mr. Freeman.
Do not delay, time is vital in order for us to properly examine the evidence against you, contact potential witnesses, ensure timelines are consistent with the evidence and investigate many other aspects in order to create your strongest legal defence.
Call our national helpline 0800 567 7810 now or our local numbers. Alternatively, complete a contact form or request a call back.
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There are many acts or omissions that can amount to murder and conversely, many that do result in death but that do not amount to murder.
Equally there are many defences to a murder charge. Many accused persons are charged with murder and have a complete defence to the charge which result in an acquittal ie a not guilty verdict, or with the Crown Prosecution withdrawing the Indictment from the jury.
Common defences: Defences available to a murder charge, relate to the act itself, or the intention of the accused. Examples we have commonly encountered are, self-defence, alibi, and incrimination.
Technical defences: Very often the question of guilt or innocence is secondary to what the Crown is able to prove, and the question marks that hang over what the Crown consider to be good evidence. These are technical defences and are predicated upon the legal concept of innocent until proven guilty.
Insanity: If someone is seriously mentally unwell they may have a defence of insanity but this would require to be proved by the accused necessary with evidence from two psychiatrists. The Criminal Procedure (Scotland) Act 1995 sets out the basis of that defence.
Murder mitigated: A person charged with murder can escape a murder conviction if they can demonstrate that they were suffering from provocation at the time. This is a complex legal concept, with the essential ingredient involving the temporary loss of control. This could arise as a result of a build up of circumstances over time or spontaneously in the heat of the moment. This would result in a conviction for culpable homicide.
Diminished Responsibility: If proved, would also result in a defence to murder, but a conviction for culpable homicide would also follow. Often occurs where there has been a temporary loss or alienation of reason.
Is where the ingredients of the offence above are present but the victim survives the attack, or act of wicked recklessness. It is still a very serious crime especially where it is only by good fortune that the victim survives.
We have extensive experience of defending a myriad of murder cases including high profile murders, premeditated murders, spontaneous murders, complex murders and murders committed by people with mental health issues. This charge is potentially a life changing event for the accused and their family. It is vitally important that an accused person is given access to the best confidential advice, at the earliest of stages and most certainly well before they are interviewed by the Police, and preferably before they are taken into police custody. We can be contacted 24hours a day on 0141 353 2223 for immediate advice.
Culpable homicide is often a conviction that results from a murder prosecution ( see murder section above) and is not often prosecuted from the outset, unless it is against a separate entity, such as a limited company, where death has resulted a seriously deficient act or omission (see below).
Culpable homicide exists where someone or some entity is responsible for the death of another, as a direct result of their criminal behaviour. For an individual that could be when it is established that they intended to assault someone in a relatively minor way but the victim has died as a result.
An example of Culpable Homicide:
We have acted for clients where a single punch in a low level scrap has caused the victim to fall back, bang their head and suffer from a bleed in the brain leading to death.
Corporate homicide is where a company or other organisation and its directors have been grossly negligent as to the health or safety of the public or an employee, resulting in that person or persons death. It requires a directing mind of the organisation to be at fault and they can be prosecuted along with the organisation.
The Corporate Manslaughter and Corporate Homicide Act 2007 sets out a statutory offence of culpable homicide for organisations, if the way in which its activities are managed or organised causes a death, and amounts to a gross breach of a relevant duty of care to the deceased. It now only requires such erroneous activities to be managed, or mis-managed, at senior management level, as opposed to the common law requirement of it being at the level of director or equivalent. The prosecution under this Act is against the company or partnership, and not the individuals contained within the organisation.