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Prosecuting Homicide

Murder and manslaughter are two of the offences that constitute homicide.

Manslaughter can be committed in one of three ways:

  1. killing with the intent for murder but where there is provocation, diminished responsibility or a suicide pact.
  2. conduct that was grossly negligent given the risk of death, and resulted in death.
  3. conduct, taking the form of an unlawful act involving a danger of some harm, that caused death.

With some exceptions, the crime of murder is committed, where a person:

  • of sound mind and discretion (i.e. sane):
  • unlawfully kills (i.e. not self-defence or other justified killing)
  • any reasonable creature (human being)
  • in being (born alive and breathing through its own lungs)
  • under the Queen's Peace
  • with intent to kill or cause grievous bodily harm.

There are other specific homicide offences, for example, infanticide, causing death by dangerous driving, and corporate manslaughter.

Find out more about prosecuting homicide

Maintenance worker guilty of gross negligence manslaughter

14/02/2014

Mark Auty, Specialist Prosecutor in the Crown Prosecution Service Special Crime Division, said: "This terrible incident was caused by Robert Warner removing a glass panel from a fourth floor walkway of a residential apartment block.

"In order to replace a damaged panel in the garden area of the apartments, he deliberately removed a panel from a less obvious place, leaving an unprotected gap through which two-year-old Ryaheen Banimuslem tragically fell to her death.

"Robert Warner took no steps to prevent access to the gap in the panels and did nothing to warn others of the danger. Although he did not intend to cause the death of a child, today's verdict has found that it is because of his gross negligence, and the obvious dangers he created, that Ryaheen is no longer with us.

"Our thoughts are with Ryaheen's family at this time."

Ends

Notes to Editors

  1. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926
  2. The CPS consists of 13 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition, there are four national casework divisions: Central Fraud, Welfare Rural & Health, Special Crime & Counter Terrorism and Organised Crime. A 'virtual' 14th Area is CPS Direct which provides charging decisions to all police forces and other investigators across England and Wales - it operates twenty-four hours, seven days a week, 365 days a year.
  3. At 31 March 2013 we employed a workforce of approximately 6840 staff (full time equivalent), including around 2350 prosecutors and 4110 caseworkers and administrators. Further information can be found on our website:  www.cps.gov.uk.
  4. The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests. Read the Protocol for the release of prosecution material to the media.