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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 » Doctor cleared over patients' deaths

Doctor cleared over patients' deaths

14/12/2005

The trial of Dr Howard Martin, accused of murder following the deaths of three of his patients, was one of the most difficult cases considered by Durham Crown Prosecution Service, said reviewing lawyer David Chadwick.

Mr Chadwick said: "The fact that there was no obvious motive for Dr Martin to kill these three men made this one of the most difficult cases we have dealt with. However, when we reviewed the evidence in this case we were satisfied that there was enough evidence for the case to go to court and that it was in the public interest that it should do so.

"While there have been cases in the past where doctors have killed their patients, thankfully they are rare and it is still a shock for us when a doctor is charged with murder."

Dr Martin was charged with the murders of three patients by administering fatal doses of morphine. Frank Moss, 59, Stanley Weldon, 74, and Harry Gittens, 74, all died within a 10-month period beginning in March 2003.

The police began their investigation after the family of Mr Gittens contacted them with concerns about his death, said Mr Chadwick. He said: "The CPS also became involved at this early stage, advising the police on the course of the investigation before any charges were decided.

"As investigations continued, the close working of police, CPS and counsel meant that the most appropriate charges were selected based on the evidence and this evidence was presented to the jury.

"Having heard all the evidence the jury has now decided that Dr Martin is not responsible for these deaths.

"Our thoughts are with the families of these three men and we offer them our sympathies for their loss."

For further details contact CPS Press Office on 020 7796 8180.