Proposed reform to murder/manslaughter

Question 2

Why was reform to murder/manslaughter necessary?

Answer 2

• Why was reform necessary?
• Law over-inclusive on GBH rule – fair labelling concerns as intention to cause serious harm may not be same as murder
• Law under-inclusive as too generous to D who kills by reckless conduct – hypothetical bomber should be guilty of more than manslaughter

Question 3

Law commission proposal for reform to murder/manslaughter

Answer 3

• Three tier structure: 1. First Degree Murder 2. Second Degree Murder 3. Manslaughter
• First Degree Murder
  1. Intentional Killing or
  2. Killing with intent to do serious injury where killer is aware that his/her conduct involved serious risk of causing death
  o Mandatory life sentence
  o Did change from GBH rule as recognised this was too broad
• Second Degree Murder
  1. Killings where D intended to cause serious injury (even without awareness of a serious risk of causing death);
  2. Killings intended to cause fear or risk of injury where killer was aware that his or her conduct involved a serious risk of causing death;
  3. Killings where D can successfully plead loss of control, diminished responsibility, suicide pact
  o Discretionary life sentence