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MURDER, MANSLAUGHTER AND INFANTICIDE Project 6 of the Ninth Programme of Law Reform: Homicide November 2006

Monday 4 December 2006 at 9:37 pm | In News | Post Comment

A huge report covering most of the homicide matters, in a nutshell says:
The law governing homicide in England and Wales is a rickety structure set upon shaky foundations. Some of its rules have remained unaltered since the seventeenth century, even though it has long been acknowledged that they are in dire need of reform.

A new Act should replace the Homicide Act 1957.
There should be, for the first time, clear and comprehensive definitions of the homicide offences and the partial defences. In addition, the new Act should extend the full defence of duress to the offences of first degree and second degree murder and attempted murder, and improve the procedure for dealing with infanticide cases.

Structuring the general homicide offences should be guided by the ‘ladder’ principle. Individual offences of homicide should exist within a graduated system or hierarchy of offences. This system or hierarchy should reflect the offence’s degree of seriousness, without too much overlap between individual offences. The main reason for adopting the ‘ladder’ principle follows is as Lord Bingham speech in R v Coutts [2006] HL that defendants should neither over-convicted nor under-convicted.  

Other recommendations include: First degree murder Second degree murder Manslaughter Partial Defences reducing first degree murder to second degree murder.

If you must the full report is here.