Unlawful killing

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In English law, Irish law and Northern Irish law, unlawful killing is a verdict that can be returned by an inquest in England and Wales and Ireland 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. 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 those responsible. [1]

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The inquest does not normally name any individual person as responsible. [2] In R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire [3] 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. [4]

Notable cases

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References

  1. Thornton, Peter (18 January 2016). "Law Sheet No. 1 - Unlawful Killing" (PDF). www.judiciary.uk. Judiciary of England and Wales . Retrieved 14 May 2022.
  2. Lord Mackay of Clashfern (ed.) (2006) Halsbury's Laws of England, 4th ed. reissue, vol.9(2), "Coroners", 1043. Killed unlawfully
  3. R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 , [2021] 3 All ER 1, [2021] AC 454, [2020] 3 WLR 1298, [2021] Med LR 1, [2020] Inquest LR 175, (2021) 178 BMLR 1(13 November 2020), Supreme Court (UK)
  4. "Coroners". The Crown Prosecution Service. Retrieved 25 August 2021.
  5. Morris, Steven (30 April 2010). "Rupert Thorneloe was unlawfully killed in Afghanistan, inquest finds". The Guardian. Retrieved 27 April 2016.
  6. "Ian Tomlinson unlawfully killed, inquest finds". The Guardian. 3 May 2011. Retrieved 3 May 2011.
  7. "Princess Diana unlawfully killed". BBC. 7 April 2008. Retrieved 27 April 2016.
  8. "Suicide of gay vicar's killer". Evening Standard . 22 April 2002. Retrieved 3 September 2021.
  9. "Search for truth on 'friendly fire' death". BBC News. 16 March 2007. Retrieved 27 May 2010.
  10. "Iraq reporter unlawfully killed". BBC News. 13 October 2006. Retrieved 27 May 2010.
  11. "British UN worker unlawfully shot". BBC. 16 December 2005. Retrieved 13 December 2008.
  12. "'Unlawful killing' of Gaza Briton". BBC News. 10 April 2006. Retrieved 27 May 2010.
  13. "7/7 inquests: Emergency delays 'did not cause deaths'". BBC. 6 May 2011. Retrieved 6 May 2011.
  14. "Nerve gas death was 'unlawful'". BBC. 15 November 2004. Retrieved 27 April 2016.
  15. Meikle, James; Campbell, Denis (4 February 2010). "Doctor Daniel Ubani unlawfully killed overdose patient". The Guardian. Retrieved 4 February 2010.
  16. "Hillsborough inquests: Fans unlawfully killed, jury concludes". BBC News. 27 April 2016. Retrieved 27 April 2016.
  17. "Fishmongers' Hall: Graduates were unlawfully killed by terrorist". BBC News. 28 May 2021. Retrieved 28 May 2021.
  18. Moore, Aoife (18 April 2024). "Jury delivers unlawful killing verdict in Stardust inquest". BBC . Retrieved 18 April 2024.