A New Homicide Act for England and Wales?: A Consultation PaperThis consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006. |
Contents
CHANGING THE STRUCTURE OF THE LAW OF HOMICIDE | 28 |
THE FAULT ELEMENT IN MURDER | 46 |
INTENTION | 46 |
based on codification of the common law 110 | 76 |
COMPLICITY IN FIRST DEGREE MURDER | 85 |
DIMINISHED RESPONSIBILITY AND PROVOCATION 143 | 97 |
DURESS AS A DEFENCE TO MURDER 177 | 97 |
Our proposed framework 183 | 127 |
Other requirements necessary in order to establish a plea of duress 190 | 148 |
KILLING WITH CONSENT AND DIMINISHED RESPONSIBILITY 198 | 148 |
INFANTICIDE 219 | 157 |
LIST OF PROVISIONAL PROPOSALS AND CONSULTATION QUESTIONS 249 | 100 |
Common terms and phrases
alternative attempted murder basis cause serious harm causing death child circumstances committed common law conduct consultees convicted of murder correspondence principle Cr App Crim LR crime Criminal Code Criminal Law culpability defence of diminished defence of duress Defences to Murder defendant's diminished responsibility encouragement or assistance evidence EWCA Crim example fault element grievous bodily harm gross negligence guilty of murder Homicide Act 1957 House of Lords Ibid inflicted intended to cause intention to kill intentionally involved issue judge jury law of murder Law Reform Commission lesser offence life-threatening mandatory life sentence mandatory sentencing mens rea mental element mental functioning mitigation offence/defence of infanticide paragraphs paras partial defence participants person plea principal offence principle prosecution prosecutors provisional proposal psychiatric purpose question reason reckless indifference reduce first degree regarded relevant Report result risk second degree murder secondary liability someone suicide pact threat trial unlawful verdict victim