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