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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 » Kamel Bourgass Murder Appeal Rejected : CPS Statement

Kamel Bourgass Murder Appeal Rejected : CPS Statement

19/07/2005

The High Court today dismissed the appeal against conviction of Kamel Bourgass, for the murder of policeman DC Stephen Oake during a police raid on a flat in Manchester in January 2003. This followed the discovery of poison making material in a flat in Wood Green, London.

Director of Public Prosecutions Ken Macdonald QC, said:

"The prosecution has been vindicated in its approach to this case. It was entirely right the jury was told that Bourgass knew he had left a mountain of evidence in the Wood Green flat and that this was the key motivation for him to launch his murderous attack. He was convicted of murder on overwhelming evidence.

"Today as before, our thoughts are with the family and friends of Stephen Oake. He was clearly a dedicated policeman and family man. He was cruelly and brutally murdered while doing his job and protecting others. The family's humanity, compassion and support throughout an extremely difficult and complex case is something all those at the CPS who met them will long remember."

  1. Media enquiries to CPS Press Office 020 7710 6088.
  2. On June 29 2004, Bourgass was convicted of the murder of policeman DC Stephen Oake, the attempted murder of two of his Greater Manchester Police colleagues and the wounding of a third officer. This occurred during the arrests of Bourgass and others in a flat in Manchester in January 2003, when Bourgass made a determined attempt to escape following the discovery of his flat in London and the exposure of the poisons conspiracy a week earlier.
  3. On April 8 2005, after a seven month trial, a jury at the Old Bailey found Kamel Bourgass guilty of conspiring to commit a public nuisance by the use of poisons and/or explosives to cause disruption, fear or injury.
  4. Both cases were worked on by senior lawyers from the CPS experienced in these matters. For the murder, the CPS worked closely with Greater Manchester Police. The conspiracy trial involved a painstaking and international investigation by Scotland Yard's Anti Terrorist Branch. Throughout, the CPS engaged distinguished and experienced counsel.