Homicide in English law

English law contains homicide offences – those acts involving the death of another person. For a crime to be considered homicide, it must take place after the victim's legally recognised birth, and before their legal death. There is also the usually uncontroversial requirement that the victim be under the "King's peace". The death must be causally linked to the actions of the defendant. Since the abolition of the year and a day rule, there is no maximum time period between any act being committed and the victim's death, so long as the former caused the latter.

There are two general types of homicide, murder and manslaughter. Murder requires an intention to kill or an intention to commit grievous bodily harm. If this intention is present but there are certain types of mitigating factors – loss of control, diminished responsibility, or pursuance of a suicide pact – then this is voluntary manslaughter. There are two types of involuntary manslaughter. Firstly, it may be "constructive" or "unlawful act" manslaughter, where a lesser but inherently criminal and dangerous act has caused the death. Alternatively, manslaughter may be caused by gross negligence, where the defendant has broken a duty of care over the victim, where that breach has led to the death, and is sufficiently gross as to warrant criminalisation.


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