A defendant charged with murder avoided trial on the murder count after detailed legal and expert consideration of causation. Shortly before the trial was due to begin, the prosecution offered no evidence on the murder allegation. The defendant entered a guilty plea to the substantially less serious offence of assault occasioning actual bodily harm (ABH).
The case involved an allegation that the same defendant had participated in an earlier altercation. This created a technically difficult question: could the prosecution prove, to the criminal standard, that the conduct alleged against the defendant legally and factually caused the death?
Why causation is crucial in a murder case
It is not enough for the prosecution simply to show that an assault occurred before a person died. To prove murder, the Crown must establish every required element of the offence, including a legally sufficient causal connection between the defendant’s conduct and the death.
Where there has been more than one incident, injury or possible contributing event, causation may require close analysis of:
- the precise sequence and timing of events;
- the nature and mechanism of each alleged injury;
- pathology, toxicology and other medical findings;
- witness evidence, CCTV and emergency-treatment records;
- whether an intervening event affected the chain of causation; and
- whether the Crown can exclude other realistic explanations.
Murder count ended before trial
Following meticulous preparation and technical arguments concerning causation, the Crown concluded that it could not prove the murder allegation. It offered no evidence on that count shortly before trial. The defendant’s plea to ABH resolved the remaining criminal liability on the basis accepted by the prosecution and court.
The CPS homicide guidance confirms the importance of assessing all the evidence when deciding whether a homicide charge can properly be proved.
Experienced advocates and the correct experts
A murder prosecution requires a coordinated defence team. Depending on the issues, that may include an experienced criminal defence solicitor, specialist barristers or King’s Counsel and appropriately qualified experts.
The expert required will depend upon the evidence. A case may call for a forensic pathologist, toxicologist, radiologist, biomechanical expert, neuropathologist or another specialist. Expert evidence in criminal proceedings is governed by Part 19 of the Criminal Procedure Rules 2025.
Expert evidence must be matched to the real issue. Careful letters of instruction, complete disclosure and focused conferences between the legal team and expert can expose weaknesses that might otherwise remain hidden.
Need a murder or serious-violence solicitor?
Contact Ghafar Khan if you face an allegation of murder, manslaughter or serious violence. Mr Khan is a Criminal Defence Solicitor and High Court Advocate experienced in serious and complex cases, working with senior barristers, King’s Counsel and suitable experts where required.
24/7 mobile: 07500 556587
Telephone: 03330 110 210
Email: notguilty@ghafarkhan.com
#CALLGFA
This anonymised case summary is general information and not advice on an individual case. Every case depends on its evidence, and a previous outcome does not guarantee a future result.