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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

Court of Appeal upholds murder convictions of Whomes & Steele

22/02/2006

The Court of Appeal today upheld the convictions of Jack Whomes and Michael Steele for the murders of three men in Rettendon, Essex, 10 years ago. The court also upheld the conviction, for drug offences, of their co-defendant, Peter Corry.

Essex Chief Crown Prosecutor, Paula Abrahams said: "In reviewing the original evidence we were confident that there was sufficient evidence for a realistic prospect of conviction. Being confident in the original conviction we have opposed this appeal throughout. Today's decision by the Court of Appeal confirms the safety of Whomes, Steele and Corry's original convictions."

All three defendants were convicted by a jury in January 1998 and were refused leave to appeal by a single judge in July 1998 and a full court in January 1999. The case was referred back to the Court of Appeal by the Criminal Cases Review Commission in December 2004.

At the original trial, Whomes and Steele had denied the murders of Pat Tate, Craig Rolfe and Tony Tucker, whose bodies were found in a Range Rover in a country lane. The three men, who were notorious drug dealers, had been shot dead at close range.

Key evidence at the trial was given by Darren Nicholls, who turned Queen's evidence, claiming that he had been the driver who picked up Whomes and Steele after the killing.

The grounds of appeal focused on the fact that Nicholls had signed a financial contract with the media prior to giving evidence. Had the jury been aware of this evidence during the original trial, the defence said, it could have affected their verdict.

  1. The original trial started at the Old Bailey on 1 September 1997. The defendants were convicted on 20 January 1998.
  2. For further information contact CPS Press Office on 020 7796 8180.