Unlawful killing

For the 2011 documentary film, see Unlawful Killing (film).

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.^[1] 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.^[1]

A verdict of unlawful killing was returned in the following cases:

A jury decided on 7 April 2008 that Princess Diana and Dodi Al-Fayed 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 fire incident in 2003.^[2]
Iain Hook, UNRWA worker shot by an Israeli sniper in Jenin in 2002.^[3]
Tom Hurndall, shot by an Israeli sniper in the Gaza Strip in 2003.^[4]
Terry Lloyd, who was fired on by US tanks near Basra on 22 March 2003.^[5]
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.^[6]
A jury decided on 3rd May 2011 that Ian Tomlinson 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.^[7]
The inquest into the July 7 Bombings decided on 6th May 2011 declared that the victims had been unlawfully killed. ^[8]
David Ridley, coroner for Wiltshire and Swindon, ruled that five British soldiers were unlawfully killed by a rogue Afghan police officer following a four-day inquest in Trowbridge on May 20th, 2011. This incident happened on November 3rd, 2009.^[9]

References

^ ^a ^b Lord Mackay of Clashfern (ed.) (2006) Halsbury's Laws of England, 4th ed. reissue, vol.9(2), "Coroners", 1043. Killed unlawfully
^ "Search for truth on 'friendly fire' death". BBC News. 16 March 2007. http://news.bbc.co.uk/1/hi/uk/6456191.stm. Retrieved 27 May 2010.
^ "British UN worker unlawfully shot". BBC (16 December). 2005-12-16. http://news.bbc.co.uk/2/hi/uk_news/england/suffolk/4534620.stm. Retrieved 2008-12-13.
^ "'Unlawful killing' of Gaza Briton". BBC News. 10 April 2006. http://news.bbc.co.uk/1/hi/england/london/4896800.stm. Retrieved 27 May 2010.
^ "Iraq reporter unlawfully killed". BBC News. 13 October 2006. http://news.bbc.co.uk/1/hi/uk/6046950.stm. Retrieved 27 May 2010.
^ "Mother unlawfully killed child doused in acid, jury finds". The Guardian. 28 October 2010. http://www.guardian.co.uk/uk/2010/oct/28/mother-child-acid-unlawful-killing. Retrieved 28 October 2010.
^ "Ian Tomlinson unlawfully killed, inquest finds". The Guardian. 3 May 2011. http://www.guardian.co.uk/uk/2011/may/03/ian-tomlinson-unlawfully-killed-inquest. Retrieved 3 May 2011.
^ "7/7 inquests: Emergency delays 'did not cause deaths'". The BBC. 6 May 2011. http://www.bbc.co.uk/news/uk-13308371. Retrieved 6 May 2011.
^ "British soldiers were unlawfully killed by Afghan police officer, coroner rules". The Guardian. 20 May 2011. http://www.guardian.co.uk/uk/2011/may/20/british-soldiers-unlawfully-killed. Retrieved 31 May 2011.