A new homicide act for England and Wales?: a consultation paper: 177 - Softcover

Great Britain: Law Commission

Softcover

ISBN 10: 0117302643 ISBN 13: 9780117302648

Publisher: Stationery Office, 2006

Synopsis

This consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006.

About this edition

• Publisher: Stationery Office
• Publication date: 2006
• ISBN 10: 0117302643
• ISBN 13: 9780117302648
• Binding: Paperback
• Number of pages: 349