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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

Manslaughter conviction follows landmark joint enterprise ruling

05/09/2016

A Leicester man who successfully appealed against his murder conviction in a landmark ruling by the Supreme Court on the law of joint enterprise has today been convicted of manslaughter.

Janine Smith, Chief Crown Prosecutor for the CPS East Midlands said: "Ameen Jogee actively encouraged Mohammed Hirsi in the violent assault against their victim.

Although Mohammed Hirsi was responsible for inflicting the fatal injury that killed a former police officer, both were responsible for his death.

"The appalling nature of this crime has not lessened with time and we are satisfied justice has been done in this case."

Paul Fyfe was stabbed by Mohammed Hirsi at the home of his girlfriend late one night in June 2011, while Ameen Jogee, then 22, encouraged him from outside the house. Both were found guilty of murder at Nottingham Crown Court on the basis of joint enterprise in March 2012.

Following the 2012 trial Jogee was jailed for life with a minimum term of 20 years for his involvement in the murder. The Supreme Court quashed his conviction in February 2016. Hirsi is continuing to serve his life sentence, which has a minimum term of 22 years.

Ameen Jogee's re-trial began on 15 August 2016 at Nottingham Crown Court and the sentencing for his conviction of manslaughter will take place on 12 September at Nottingham Crown Court.

Additional information:

Jogee and Hirsi had been drinking and taking drugs on 9 June 2011. They had been to Mr Fyfe's girlfriend's house and were unhappy that they were not welcome.

They returned to the house in the early hours of 10 June 2011. Hirsi entered the house, threatening the occupants, while Jogee, who had made threats with a knife earlier in the evening, kicked at Mr Fyfe's car which was parked outside and, whilst brandishing a bottle of alcohol, shouted encouragement to Hirsi. As Mr Fyfe was trying to get Hirsi to leave, he was fatally stabbed. Both Hirsi and Jogee fled and Mr Fyfe died from a single stab wound.

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Notes to Editors

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