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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

Sion Jenkins not guilty of Billie-Jo's murder

09/02/2006

The acquittal of Sion Jenkins for the murder of his foster daughter, Billie-Jo Jenkins, has brought to an end one of the most difficult cases Sussex Crown Prosecution Service has handled.

Sussex Chief Crown Prosecutor, Mrs Sarah Jane Gallagher, said: "This is the third time Sion Jenkins has faced trial for murder and after hearing all the evidence the jury has not been able to reach a decision.

"The role of the CPS is to apply the Code for Crown Prosecutors; that is to examine the evidence and determine whether there is a realistic prospect of conviction and whether it is in the public interest to bring criminal proceedings.

"I am satisfied that the CPS fulfilled its duty under the Code for Crown Prosecutors and the decision to take Mr Jenkins to a second retrial was correct.

"The CPS has considered the case again as a whole and decided Sion Jenkins should not face a further retrial. He has therefore been formally acquitted.

"I would like to commend the witnesses for their courage in being prepared to come to court once again to give evidence. Our thoughts today are, of course, with Billie-Jo's family."

  1. Crown Prosecution Service decisions to prosecute are made in accordance with the Code for Crown Prosecutors, a publicly available document. Under the Code, prosecutions are brought if there is sufficient evidence for a realistic prospect of conviction and it is also in the public interest for a prosecution to take place.
  2. In July 1998, Sion Jenkins was found guilty at Lewes Crown Court of murdering his foster daughter Billie-Jo Jenkins on 15 February 1997. A subsequent appeal in December 1999 upheld that conviction.
  3. In July 2004, the Court of Appeal ordered a retrial after a referral by the Criminal Cases Review Commission.
  4. The retrial opened at the Old Bailey on April 20, 2005. On July 11, 2005, the jury were dismissed after being unable to return a decision. The CPS confirmed in court on the same day that a second retrial would be sought.
  5. This second retrial opened at the Old Bailey on October 31, 2005.
  6. For further information contact CPS Press Office on 020 7796 8180/8105.