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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

Bieber guilty of Boxing Day murder of police officer

02/12/2004

David Francis Bieber was not just avoiding arrest when he carried out the cold blooded and deliberate murder of PC Ian Broadhurst and the attempted murders of two other officers, said Liz Frain, the reviewing lawyer in the case for West Yorkshire Crown Prosecution Service.

Mrs Frain said after the trial: "No one who was in court to hear the tape of PC Broadhurst's last moments can doubt that Bieber acted in cold blood when he stood over him and deliberately shot him in the head. That action alone went far beyond avoiding arrest.

"PC Broadhurst was just doing his duty on Boxing Day last year when he checked on a stolen car driven by Bieber. It was a decision that, tragically, cost him his life and nearly took the lives of his colleagues."

The jury at Newcastle Crown Court found Bieber guilty of the murder of PC Broadhurst, the attempted murders of PCs Neil Roper and James Banks, possessing a firearm with intent to endanger life and possessing 200 9mm bullets.

The prosecution case, said Mrs Frain, was that Bieber shot and disabled PC Broadhurst, tried to kill PCs Roper and Banks as they ran for their lives, then returned to PC Broadhurst and calmly shot him in the head at point blank range.

She said: "PC Banks only escaped injury by a miracle when a bullet ricocheted off his radio and there is no doubt that Bieber was shooting to kill the two officers, which is why we prosecuted him for their attempted murders.

"Bieber tried to put the blame for the shootings on a friend, whom he refused to name, but it is clear from the verdicts that the jury did not believe this attempt to wriggle out of the dreadful responsibility for what he had done.

"This was a terrible thing to have happened and especially so at Christmas. The thoughts of the prosecution team are with the family of PC Broadhurst; they are facing Christmas without him but can take some small comfort in the knowledge that justice has been done."

For further information, contact CPS Press Office on 020 7796 8180.