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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

Man charged with murder over the death of his father

09/11/2016

Bipin Desai has been charged with murder, with assisted suicide in the alternative, in relation to the death of his father, Dhirajlal Desai.

A CPS spokesperson said: "After an assessment of the evidence provided to us by the police it has been decided that Bipin Desai should face one charge of murder, with assisted suicide in the alternative, in relation to the death of his father, Dhirajlil Desai, on 26 August 2015. He will also face two charges of theft.

"Bipin Desai will next appear at Guildford Magistrates' Court on 10 November 2016.
"This decision was taken in accordance with the Code for Crown Prosecutors and the DPP's guidelines on cases of encouraging or assisting suicide.

"May I remind all concerned that criminal proceedings against Bipin Desai will now be commenced and of his right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

Notes

Details of charges:

  • One charge of murder - victim one year of age or older
  • One charge of Intentionally doing an act capable of encouraging/assisting the suicide of another
  • Two charges of theft

Ends

Notes to Editors

  1. For the latest in breaking news from the CPS Press Office follow @cpsuk on Twitter and visit our official News Brief - blog.cps.gov.uk
  2. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926