Law Commissions Proposals & Government's response Flashcards
How did the Law Commission suggest that murder should be reformed?
by dividing it into two separate offences
first degree murder and second degree murder
Under the Law Commissions proposal of dividing murder, what would first degree murder offences cover?
cases in which the defendant intended to kill and where they were aware that serious harm held a risk of death
Under the Law Commissions proposal of dividing murder, what would second degree murder offences cover?
cases in which the defendant intended to do serious injury, but was not aware that there was a serious risk of death
By dividing murder into two separate categories, where would mandatory life sentences apply?
only to first degree murder
By dividing murder into two separate categories, where would a maximum sentences of life apply?
second degree murder
In what year did the Government issue a consultation paper which rejected the Law Commissions proposal of completely reforming murder by making it a two-tier offence?
2008
What was the only area where the government accepted that reform was needed?
the area regarding the lack of a defence for those who use excessive force in self defence
Under what act was the defence for those who use excessive force in self defence implemented?
Coroners and Justice Act 2009
Under the Coroners and Justice Act 2009, what is there a defence for?
‘loss of control’ where D kills through loss of control due to fear of serious violence
If the defence of ‘loss of control’ under the Coroners and Justice Act 2009 is established what is the charge of murder reduced to?
manslaughter
What would the defence of ‘loss of control’ under the Coroners and Justice Act 2009 allow cases such as Martin 2002 and Clegg 1995 to have?
to have a partial defence to a charge of murder which could reduce the offence to manslaughter
What does the Coroners and Justice Act 2009 not address the problems of? (4)
no intent to kill
the difficulty of the meaning of intention
the lack of a defence of duress
mandatory sentence
Under the present law of Euthanasia, if D kills V because he or she can no longer bear to see V in pain, D is guilty of murder, normally serving a sentence of how many years?
15 years imprisonment
What case is an example under Euthanasia which led to the imposition of a life sentence?
Inglis 2010
What happened in the case of Inglis 2010?
D was mother of V who suffered catastrophic head injuries and needed long term dependant care. Tried to kill V to end misery but failed. Tried again and succeeded. Convicted of murder and sentenced to life imprisonment with a minimum term of 5 years.
D was mother of V who suffered catastrophic head injuries and needed long term dependant care. Tried to kill V to end misery but failed. Tried again and succeeded. Convicted of murder and sentenced to life imprisonment with a minimum term of 5 years.
What case is this?
Inglis 2010
What was the only concession made in Inglis 2010?
that the court could set a lower than normal minimum term of imprisonment before release on licence could be considered
Why did the judges in Inglis 2010 set a lower than normal minimum term of imprisonment before release on licence could be considered?
as D was unlikely to be a dangerous person, and os more discretion was taken
In what country are doctors allowed to end the life of terminally ill patients?
Netherlands
What case is an example of when doctors in the UK have withdrawn treatment from patients in certain situations?
Airedale NHS Trust v Bland 1993
What happened in the case of Airedale NHS Trust v Bland 1993?
Bland had been suffocated in Hillsborough disaster. In a persistent vegetative state for 3 years. Doctors applied for permission to stop feeding him.
Quality of life was considered, seen in the best interests of the patient to discontinue life support
V had been suffocated in Hillsborough disaster. In a persistent vegetative state for 3 years. Doctors applied for permission to stop feeding him.
Quality of life was considered, seen in the best interests of the patient to discontinue life support
What case is this?
Airedale NHS Trust v Bland 1993
Although doctors are allowed to withdraw treatment if patient is in a persistent vegetative state, what are they not allowed to do?
not allowed to do anything positive to kill the patient
Why can it be seen as more merciful to administer a drug which kills a patient painlessly?
as the case of Bland 1993 meant that the patient was starved to death rather than use of a drug
The DPP are obliged by s.2 of the Prosecution of Offences Act 1985 to issue a code for Crown Prosecutors which give guidance on what?
general principles to be used when deciding whether or not to prosecute for aiding and abetting suicide
The DPP are obliged by what act to issue a code for Crown Prosecutors to give guidance on the general principles to be used when deciding whether or not to prosecute for aiding and abetting suicide
s.2 of the Prosecution of Offences Act 1985
What happened in the case of R v DPP 2009?
Mrs Purdy suffered from a disease with no cure, knowing she would become severely disabled. She wanted to be able to travel when she got to a point her where her life was unbearable, but she would need help. She wanted to know whether this would mean her husband would be prosecuted for assisting her suicide. The HOL held that the DPP held no guidance on this point
Mrs Purdy suffered from a disease with no cure, knowing she would become severely disabled. She wanted to be able to travel when she got to a point her where her life was unbearable, but she would need help. She wanted to know whether this would mean her husband would be prosecuted for assisting her suicide. The HOL held that the DPP held no guidance on this point
What case is this?
R v DPP 2009
What has the DPP said regarding assisted suicide?
that each case had to be considered on its own facts and merits
What happened in the case of R v DPP 2013?
there was 3 applications which sought a judicial declaration. 2 were so several disabled that they could not even commit suicide with assurance, only y voluntary euthanasia. They contended that common law should recognise the defence of necessity, that they had a right to end their own lives under Art 8 of the ECHR. High court dismissed their applications, upheld by COA.
there was 3 applications which sought a judicial declaration. 2 were so several disabled that they could not even commit suicide with assurance, only y voluntary euthanasia. They contended that common law should recognise the defence of necessity, that they had a right to end their own lives under Art 8 of the ECHR. High court dismissed their applications, upheld by COA.
1 applicant was allowed to appeal but the outcome was uncertain
What case is this?
R v DPP 2013
