Lecture 5-Reform

Question 1

Law Commission Paper

Answer 1

Murder, Manslaughter and Infanticide (2007).

Question 1

First-degree murder

Answer 1

1. intended killings; OR

(2) killings with intent to do serious injury where the killer was aware that his conduct involved a serious risk of causing death.

NB element (2) brought up from 2nd degree murder in response to criticisms of the consultation proposals.

Question 2

Punishment

Answer 2

Mandatory life sentence

Question 3

Second-degree murder

Answer 3

1.killings intended to cause serious injury; OR

(2) killings intended to cause injury or fear or risk of injury where the killer was aware that his or her conduct involved a serious risk of causing death; OR

(3) First degree murder where D successfully pleads provocation, diminished responsibility or that he or she killed pursuant to a suicide pact.- upgrading of manslaughter to murder

Question 4

Punishment

Answer 4

Discretionary life sentence

Question 5

Gross Negligence

Answer 5

D causes another person’s death

A risk that the conduct would cause death would have been obvious to a reasonable person in D’s position,

AND D had capacity to appreciate the risk

AND D’s conduct fell far below what could reasonably be expected in the circumstances.

Question 6

Unlawful Act

Answer 6

D causes another person’s death

EITHER by a criminal act and D intended to cause physical harm

OR by a criminal act foreseen as involving a serious risk of causing some harm.

Question 7

Both punishments

Answer 7

Discretionary life sentence