Homicide Reform Proposals Flashcards
What did they suggest
Tiered homicide offences
1) first degree: mandatory life
2) second degree murder: discretionary life
3) manslaughter: discretionary life
What does first degree murder cover
Intentional killings and
Unlawful killings with intention to cause serious injury where the killer was aware that their conduct involved a serious risk of death
What does second degree murder include
Unlawful killings intending to cause serious injury (but the killer was unaware that his conduct involved a serious risk of death)
What else does second degree murder include
Unlawful killings intending to cause a) injury b) fear of injury c) risk of injury
Where d is aware his conduct has a serious risk of death
What defence would be sentenced under second degree murder
Partial defences
What is part a of manslaughter
Unlawful killings caused by acts of gross negligence
What is involved in unlawful killings caused by acts of gross negligence
Old GNM apply so
Unlawful killing caused by acts of gross negligence would still be committed if d was unaware that his conduct was caused death
BUT
D must be capable of appreciating the risk of death
What is part B of manslaughter
Unlawful killings caused by a criminal act
What does unlawful killings caused by a criminal act entail
Unlawful killings caused by a criminal act intended to cause injury or
Unlawful killings caused by a criminal act foreseen as involving a risk of causing some injury using a subjective test
What happens to reckless manslaughter under the proposals???
Got rid of and some reckless manslaughter would fall into second degree such as Lidar
Some would fall into gross negligence manslaughter
Who created the report and what is it called
Murder, manslaughter an infanticide 2006: law commission
