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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

CPS praises "tremendous courage" of Mary-Ann's friend

20/03/2006

The Crown Prosecution Service says the testimony given by the victim who survived the attack that killed schoolgirl Mary-Ann Leneghan was crucial in securing justice for both of them. Six men have been convicted at Reading Crown Court in relation to the attack on the night of 6th May 2005.

Thames Valley Crown Prosecution Service reviewing lawyer Paul Harrison said of the surviving victim, who cannot be named for legal reasons: "To relive such a traumatic ordeal while facing the perpetrators took tremendous courage.

"She turned the tables in court. Suddenly the victim was strong and the attackers were vulnerable.

"She has proved that violence and intimidation does not prevent victims finding justice within the courts system.

"I hope these convictions are a source of comfort for the Leneghan family and my thoughts are with them as they come to terms with all that has happened."

The attack happened because one of those convicted, Adrian Thomas, believed the girls were to blame for him being beaten up and robbed several weeks before. The girls were kidnapped and taken to a hotel room where they were drugged, raped and tortured for several hours. They were told during the evening that they were to be killed at the end of the ordeal.

Finally the girls were led to Prospect Park in Reading where 16 year old Mary-Ann Leneghan was stabbed to death and her 18 year old friend was shot in the head and left for dead, but survived and raised the alarm.

Michael Johnson pleaded guilty midway through the trial to being the man who actually stabbed Mary-Ann to death and shot her friend. However the CPS continued to prosecute all six men for murder and attempted murder.

Mr Harrison said: "All six men knew the girls were to be killed at the end of the ordeal and they continued to play their individual parts in ensuring that would happen. We therefore asked the court to consider that they all shared some responsibility for the murder and the attempted murder taking place."

For further details, please contact CPS Press Office on 020 7796 8180/8079.