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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

Home » News Centre » Press Releases » Appeal Court upholds Judge's decision to dismiss charges in Dhaliwal

Appeal Court upholds Judge's decision to dismiss charges in Dhaliwal

16/05/2006

CPS London's appeal against a Judge's decision to dismiss all charges in the case of Harcharran Dhaliwal has been turned down by the Court of Appeal today (16 May 2006).

"The CPS is disappointed with this decision as are the victim's family who I know have been very keen to find justice for her," said Nazir Afzal, Sector Director, CPS London. "The decision to bring a prosecution was not taken lightly. We desperately wanted the jury to hear about the life of Gurjit and what she is alleged to have suffered at the hands of her husband, Harcharran. Regrettably that won't happen now.

"Gurjit took her own life by hanging herself in February 2005. By all accounts she was a bubbly, hard working and loving mother. After her death a journal was discovered which covered the last few months of her life. It alleged that she was the victim of substantial physical and emotional abuse allegedly at the hands of the defendant.

"Additionally, members of her family provided evidence of what she is alleged to have said about her alleged abuse and photographs of what she appeared to have suffered. We also know she had a fresh wound on her forehead when she was found hanging in her home," added Mr Afzal.

"We instructed psychologists and psychiatrists who concluded that she was suffering from psychological injury based on the abuse she had allegedly suffered and this was, in their view, the primary reason why she had killed herself. The evidence suggested that Gurjit chose to remain in an alleged abusive relationship because of the dishonour it would bring her and her family if she left.

"That is why we decided charges of manslaughter and grievous bodily harm should be brought against her husband. Through our appeal we wanted to establish the principle, which the Appeal Court accepted, that if you harm your partner and cause them physical and mental harm and subsequently drive them to suicide, then you can be guilty of manslaughter.

"No jurisdiction in the world, to our knowledge, has case law or legislation to guide us and we believe that this was a ground breaking prosecution. By accepting this principle the message goes out to perpetrators of this type of violence: if you raise your hand in anger, remember the law gives us the power to prosecute."

The Old Bailey Judge held that psychological harm can't, as the law currently stands, amount to bodily harm. The charges against Harcharran Dhaliwal were consequently dismissed by the Judge. This decision was upheld by the Court of Appeal.

 

  1. The prosecution has the right to appeal Judge's decisions under Section 58 of the Criminal Justice Act 2003 which came into force in April 2005. It is believed that this was one of the first appeals of its type. The trial started with legal argument on 6 March 2006 but proceedings were suspended pending the outcome of the appeal.
  2. The CPS considered referring the matter to the House of Lords but, based on counsel's advice, accepted the Appeal Court's decision and will not be referring it to the House of Lords.
  3. For more information contact the CPS Press Office on 020 7796 8041 or 020 7710 6091.