In
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, unlawful killing is a verdict that can be returned by an
inquest
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coro ...
in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
when someone has been killed by one or more unknown persons. The verdict means that the killing was done without lawful excuse and in breach of
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. This includes
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
,
infanticide
Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose is the prevention of reso ...
and causing
death by dangerous driving. A verdict of unlawful killing generally leads to a police investigation, with the aim of gathering sufficient evidence to identify,
charge
Charge or charged may refer to:
Arts, entertainment, and media Films
* '' Charge, Zero Emissions/Maximum Speed'', a 2011 documentary
Music
* ''Charge'' (David Ford album)
* ''Charge'' (Machel Montano album)
* ''Charge!!'', an album by The Aqu ...
and
prosecute
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
those responsible.
The inquest does not normally name any individual person as responsible.
[Lord Mackay of Clashfern (ed.) (2006) ''Halsbury's Laws of England'', 4th ed. reissue, vol.9(2), "Coroners", 1043. Killed unlawfully] In ''R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire'' the Supreme Court clarified that the standard of proof for suicide and unlawful killing in an inquest is the civil standard of the balance of probabilities and not the criminal standard of beyond reasonable doubt.
=Notable cases=
*Lt Col
Rupert Thorneloe
Lieutenant Colonel Rupert Stuart Michael Thorneloe, MBE (17 October 1969 – 1 July 2009) was a British Army officer who was killed in action on 1 July 2009 near Lashkar Gah, Helmand Province in southern Afghanistan. Thorneloe is the highest- ...
and Trooper Joshua Hammond, of the 2nd Royal Tank Regiment, were killed in an explosion in Helmand Province in Afghanistan on 1 July 2009.
*
Ian Tomlinson
Ian Tomlinson (7 February 1962 – 1 April 2009) was a newspaper vendor who collapsed and died in the City of London after being struck by a police officer during the 2009 G-20 summit protests. After an inquest jury returned a verdict of ...
, who was struck with a baton and pushed to the ground by Metropolitan Police officer Simon Harwood at the G20 protests in London on 1 April 2009.
*
Diana, Princess of Wales
Diana, Princess of Wales (born Diana Frances Spencer; 1 July 1961 – 31 August 1997) was a member of the British royal family. She was the first wife of King Charles III (then Prince of Wales) and mother of Princes William and Harry. Her ac ...
died in a car crash in Paris on 31 August 1997. The initial French inquiry in 1999 concluded the crash was caused by the driver's loss of control while drunk; a verdict of unlawful killing was returned in a
British inquest in 2008.
* Father David Paget, vicar of
St. Andrew's Church, Fulham, stabbed to death at his home by David Watkins, a drunkard with a history of mental problems, in 2001.
* Trooper
Matty Hull, killed in a US
friendly fire
In military terminology, friendly fire or fratricide is an attack by belligerent or neutral forces on friendly troops while attempting to attack enemy/hostile targets. Examples include misidentifying the target as hostile, cross-fire while eng ...
incident in 2003.
*
Terry Lloyd
Terence Ellis "Terry" Lloyd (21 November 1952 – 22 March 2003) was an English television journalist who reported extensively from the Middle East. He was killed by the U.S. military while covering the 2003 invasion of Iraq for ITN. An inq ...
, ITN journalist, who was fired on by United States
tank
A tank is an armoured fighting vehicle intended as a primary offensive weapon in front-line ground combat. Tank designs are a balance of heavy firepower, strong armour, and good battlefield mobility provided by tracks and a powerful engin ...
s near
Basra
Basra ( ar, ٱلْبَصْرَة, al-Baṣrah) is an Iraqi city located on the Shatt al-Arab. It had an estimated population of 1.4 million in 2018. Basra is also Iraq's main port, although it does not have deep water access, which is hand ...
on 22 March 2003.
*
Iain Hook
Iain John Hook (1948 – 22 November 2002) was working for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) as project manager in the rebuilding of Jenin Refugee Camp in West Bank, which was home to 13 ...
,
UNRWA
The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is a UN agency that supports the relief and human development of Palestinian refugees. UNRWA's mandate encompasses Palestinians displaced by the 1948 P ...
worker, shot by an Israeli
sniper
A sniper is a military/paramilitary marksman who engages targets from positions of concealment or at distances exceeding the target's detection capabilities. Snipers generally have specialized training and are equipped with high-precision r ...
in
Jenin
Jenin (; ar, ') is a Palestinian city in the northern West Bank. It serves as the administrative center of the Jenin Governorate of the State of Palestine and is a major center for the surrounding towns. In 2007, Jenin had a population of app ...
in 2002.
*
Tom Hurndall
Tom or TOM may refer to:
* Tom (given name), a diminutive of Thomas or Tomás or an independent Aramaic given name (and a list of people with the name)
Characters
* Tom Anderson, a character in ''Beavis and Butt-Head''
* Tom Beck, a character ...
, shot by an Israeli
sniper
A sniper is a military/paramilitary marksman who engages targets from positions of concealment or at distances exceeding the target's detection capabilities. Snipers generally have specialized training and are equipped with high-precision r ...
in the
Gaza Strip
The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...
in 2003.
* The fifty-two victims of the
7 July 2005 London bombings
The 7 July 2005 London bombings, often referred to as 7/7, were a series of four coordinated suicide attacks carried out by Islamic terrorists in London that targeted commuters travelling on the city's public transport system during the mo ...
were declared on 6 May 2011 to have been unlawfully killed.
*
Ronald Maddison
Leading Aircraftman Ronald George Maddison (23 January 1933 – 6 May 1953) was a twenty-year-old Royal Air Force engineer who was unlawfully killed as the result of exposure to nerve agents while acting as a voluntary test subject at Porton Dow ...
, an airman who died whilst acting as an experimental subject in chemical weapons testing in 1953. A verdict of unlawful killing was returned in a 2004 inquest; the original 1953 inquest had returned a verdict of misadventure.
* David Gray, a patient in his home in Cambridgeshire, was unlawfully killed by lethal injection administered by out-of-hours locum doctor Daniel Ubani on 16 February 2008.
*The death of 97
Liverpool F.C.
Liverpool Football Club is a professional football club based in Liverpool, England. The club competes in the Premier League, the top tier of English football. Founded in 1892, the club joined the Football League the following year and has p ...
fans in the
Hillsborough disaster
The Hillsborough disaster was a fatal human crush during a football match at Hillsborough Stadium in Sheffield, South Yorkshire, England, on 15 April 1989. It occurred during an FA Cup semi-final between Liverpool and Nottingham Forest in the ...
on 15 April 1989, with the ruling returned at a second inquest in April 2016:
A previous inquest in 1991 had returned a verdict of
accidental death
An accidental death is an unnatural death that is caused by an accident, such as a slip and fall, traffic collision, or accidental poisoning. Accidental deaths are distinguished from death by natural causes, disease, and from intentional homicide ...
.
*
2019 London Bridge stabbing: In May 2021, a jury ruled that failings by
MI5
The Security Service, also known as MI5 ( Military Intelligence, Section 5), is the United Kingdom's domestic counter-intelligence and security agency and is part of its intelligence machinery alongside the Secret Intelligence Service (MI6), G ...
and the police contributed to the deaths of Saskia Jones and Jack Merritt, two young graduates who were unlawfully killed by a convicted terrorist.
References
External links
Law Sheet No. 1 - Unlawful Killingat www.judiciary.uk
Homicide
English law
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