Murder Evaluation

Murder Evaluation

1. Law Commission Report, Murder, Manslaughter and Infanticide (2006)

   • Law surrounding murder is built on case law
     • The rules have been subject to much change
       • This has resulted with uncertainty in this area of law.
     • The law surrounding murder is not a coherent whole.
   • Self-defence is only available if the force used is not excessive.
     • Should be a partial defence where force used was justified but excessive.
     • Can result in harsh outcomes.
       • Clegg (1995)
       • Martin (2002)
       • Defence of loss of control may prevent harsh outcomes in some of these cases.
         • Coroners and Justice Act 2009
           • Government's response to the Law Commission's issues with self-defence and excessive force.
       • Crime and Courts Act 2013
         • Provides additional protection to those protecting their homes.
           • Although, in Martin (2002) the force would probably still be regarded as 'grossly disproportionate'.
   • No availability of the defence of duress.
   • Mandatory life sentence
     • No differentiation of sentencing to fit levels of blameworthiness
       • Criminal Justice Act 2003
         • Provided sentencing guidelines for murder, this further reduces the discretion available for judges when the defendant is convicted with murder.
     • Judges have discretion in sentencing for other offences, including attempted murder.
       • Gotts (1992)
         • 3 year probation
     • Defences of loss and diminished responsibility allow the judges some discretion
   • The mens rea for murder can be met even if the defendant only intended to cause grievous bodily harm.
     • Too wide
       • The defendant may not realise that death may occur.
     • In this instance a conviction of manslaughter may be preferred.
     • Ensures there is justice for the victims and their families.

2. Intention

   • Issues surrounding the 'bit by bit' development of the law
     • Moloney (1985) and Woollin (1998)

3. Law Commission's proposal for reform

   • Two tier offence of murder
     • First degree murder
       • Defendant intended to kill or intention to cause serious harm and the defendant was aware this may result in death.
         • Would carry a mandatory life sentence.
     • Second degree murder
       • Defendant intended to cause grievous bodily harm but was not aware of a serious risk of death.
         • Would carry a discretionary life sentence
     • Rejected by the government.

4. Euthasia

   • Purdy (2009)
     • Some may sympathise with these situations and want the law to be relaxed.

5. Foetuses

   • Attorney-General's Reference (No3 of 1994)
     • A foetus is not classed as a human being.
       • May lead to unfair outcomes where the defendant did intend to kill the foetus.