Homicide reform should not be piecemeal

Some proposed homicide law reforms are sensible—but making piecemeal changes is problematic, says Tom Little, Criminal Bar Association secretary.

The reforms, outlines in a government consultation paper—Murder and Manslaughter: Proposals for Reform of the Law, will make it harder for those who kill in anger to avoid a murder conviction by claiming provocation. The new proposals include replacing the existing partial defence of provocation with two new ones: killing in response to a fear of serious violence; and in exceptional circumstances, killing in response to words and conduct which caused the defendant to have a justifiable sense of being seriously wronged. The latter would not include a victim’s sexual infidelity. New offences of intentionally assisting and encouraging murder and of murder in the context of a joint criminal venture are also created and infanticide cannot be charged in cases not currently homicide.

Little says: “The proposal for a partial defence when killing in response to a fear of serious violence is sensible and will apply to cases falling short of self-defence. The changes to diminished responsibility and infanticide are also in the main sensible and long overdue. However, the government is reserving its position on whether further changes should follow. It would be more sensible to make any changes in one go so the proposals as a whole could be considered.”