The current two-tier structure of murder and manslaughter would be replaced by first-degree murder (intention to kill), second-degree murder (killing with the intention to cause serious injury) or manslaughter.
A mandatory life sentence would be imposed for first-degree murder, while second-degree murder would carry a maximum sentence of life imprisonment (discretionary life sentence).
Where a defendant killed with the intention to kill but successfully argued a partial defence, such as loss of control or diminished responsibility, the jury could return a verdict of ‘murder with a partial defence’. Currently, that same defendant would be convicted of manslaughter. The maximum sentence would be life imprisonment, the same as the current maximum for manslaughter.
Under proposed reforms to the various forms of manslaughter, the most serious would be ‘reckless manslaughter’, where the defendant was aware of a risk of causing death or serious injury and unreasonably ran that risk.
For ‘unlawful dangerous act manslaughter’, the prosecution would need to prove intention to cause some injury or recklessness as to whether injury was caused. The current test for ‘gross negligence manslaughter’ would be replaced. Instead, the prosecution would need to show the defendant’s conduct was truly exceptionally bad, falling far below what could reasonably be expected of them in the circumstances.
The proposed reforms, set out this week in a consultation paper, ‘Law of homicide’, do not specifically address the controversial law of complicity (joint enterprise liability). However, the Law Commission points out its proposals would more accurately differentiate between the culpability of the principal offender and their accessories.
Commissioner for Criminal Law Professor Penney Lewis said: ‘Homicide offences in England and Wales have never been the object of a coherent and structured reform, and the law has not kept pace with what society now understands about culpability, domestic abuse and the consequences of dangerous conduct. This review offers a timely opportunity to modernise the law.’
The consultation, which also proposes a homicide offence of controlling or coercive behaviour contributing to suicide, ends on 30 September.
