Unlawful killing
Encyclopedia
In English law
unlawful killing is a verdict that can be returned by an inquest in England and Wales
when someone has been killed by one or several unknown persons. The verdict means that the killing was done without lawful excuse and in breach of criminal law
. This includes murder
, manslaughter
, infanticide
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
and prosecute the culprit(s).
It is important that the inquest does not name any individual person as responsible. The appropriate standard of proof is that the unlawful killing must be beyond reasonable doubt. This is when the evidence was so overwhelmingly obvious that death would result, that no other thing is taken into account. If this standard is not met, a verdict of accidental death or death by misadventure should be considered on the balance of probabilities.
A verdict of unlawful killing was returned in the following cases:
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
unlawful killing is a verdict that can be returned by an inquest in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
when someone has been killed by one or several unknown persons. The verdict means that the killing was done without lawful excuse and in breach of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. This includes murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, infanticide
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
and causing death by dangerous driving
Death by dangerous driving
Causing death by dangerous driving is a statutory offence in England and Wales and Scotland and Northern Ireland. It is an aggravated form of dangerous driving...
. A verdict of unlawful killing generally leads to a police investigation, with the aim of gathering sufficient evidence to identify, charge
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
and prosecute the culprit(s).
It is important that the inquest does not name any individual person as responsible. The appropriate standard of proof is that the unlawful killing must be beyond reasonable doubt. This is when the evidence was so overwhelmingly obvious that death would result, that no other thing is taken into account. If this standard is not met, a verdict of accidental death or death by misadventure should be considered on the balance of probabilities.
A verdict of unlawful killing was returned in the following cases:
- A jury decided on 7 April 2008 that Princess Diana and Dodi Al-FayedDodi Al-FayedEmad El-Din Mohamed Abdel Moneim Fayed , known as Dodi Fayed , was an Egyptian film producer. He was best known internationally as the boyfriend of Diana, Princess of Wales, with whom he died in a car crash in the Pont de l'Alma tunnel in Paris along with driver Henri Paul on 31 August...
had been unlawfully killed by the grossly negligent driving of the following vehicles and the driver of the Mercedes in which they were travelling. - Matty Hull, killed in an U.S. friendly fireFriendly fireFriendly fire is inadvertent firing towards one's own or otherwise friendly forces while attempting to engage enemy forces, particularly where this results in injury or death. A death resulting from a negligent discharge is not considered friendly fire...
incident in 2003. - Iain Hook, UNRWA worker shot by an IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i sniperSniperA sniper is a marksman who shoots targets from concealed positions or distances exceeding the capabilities of regular personnel. Snipers typically have specialized training and distinct high-precision rifles....
in JeninJeninJenin is the largest town in the Northern West Bank, and the third largest city overall. It serves as the administrative center of the Jenin Governorate and is a major agricultural center for the surrounding towns. In 2007, the city had a population of 120,004 not including the adjacent refugee...
in 2002. - Tom HurndallTom HurndallThomas "Tom" Hurndall was a British photography student, a volunteer for the International Solidarity Movement , and an activist against the Israeli occupation of the Palestinian territories. On 11 April 2003, he was shot in the head in the Gaza Strip by an Israel Defense Forces sniper, Taysir Hayb...
, shot by an IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i sniperSniperA sniper is a marksman who shoots targets from concealed positions or distances exceeding the capabilities of regular personnel. Snipers typically have specialized training and distinct high-precision rifles....
in the Gaza StripGaza Stripthumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
in 2003. - Terry LloydTerry LloydTerence Ellis Lloyd was a British television journalist well-known for his reporting from the Middle East. He was killed by U.S. troops while covering the 2003 invasion of Iraq for ITN...
, who was fired on by US tanks near BasraBasraBasra is the capital of Basra Governorate, in southern Iraq near Kuwait and Iran. It had an estimated population of two million as of 2009...
on 22 March 2003. - Lt Col Rupert Thorneloe and trooper Joshua Hammond, of 2nd Royal Tank Regiment, were killed in an explosion in Helmand province on 1 July 2009.
- Iman Omar Yousef, a paranoid schizophrenic, repeatedly stabbed her daughter before dousing her in acid, resulting in her death.
- A jury decided on 3rd May 2011 that Ian TomlinsonIan TomlinsonIan Ross Tomlinson was an Olympic athlete from Australia. He specialised in the triple jump and long jump events during his career....
had been unlawfully killed when he was struck with a baton and pushed to the ground by Metropolitan Police officer Simon Harwood at the G20 protests that took place in London on 1st April 2009. - The inquest into the July 7 Bombings7 July 2005 London bombingsThe 7 July 2005 London bombings were a series of co-ordinated suicide attacks in the United Kingdom, targeting civilians using London's public transport system during the morning rush hour....
decided on 6th May 2011 declared that the victims had been unlawfully killed. - David Ridley, coroner for WiltshireWiltshireWiltshire is a ceremonial county in South West England. It is landlocked and borders the counties of Dorset, Somerset, Hampshire, Gloucestershire, Oxfordshire and Berkshire. It contains the unitary authority of Swindon and covers...
and SwindonSwindonSwindon is a large town within the borough of Swindon and ceremonial county of Wiltshire, in South West England. It is midway between Bristol, west and Reading, east. London is east...
, ruled that five British soldiers were unlawfully killed by a rogue Afghan police officer following a four-day inquest in TrowbridgeTrowbridgeTrowbridge is the county town of Wiltshire, England, situated on the River Biss in the west of the county, approximately 12 miles southeast of Bath, Somerset....
on May 20th, 2011. This incident happened on November 3rd, 2009.