Jonathan Rogers finds some brave proposals in the Law Commission’s review of homicide, but bemoans its stubborn refusal to address mercy killings
The Law Commission (the commission) published its report on the reform of homicide, Murder, Manslaughter and Infanticide (Law Com No 304) (the report), on 28 November 2006. The commission has stuck to its original proposals of subdividing murder into ‘first degree murder’ and ‘second degree murder’, and now awaits the Home Office to carry out its own consultation and to produce a draft Bill.
First and second degree murder
First degree murder would now be committed not only by those who intended to kill but also by those who intended serious injury with an awareness of a serious risk of death. This would continue to attract the mandatory life sentence. Second degree murder, which would carry a discretionary life sentence, would be committed by those who have the mens rea for first degree murder but have one of the existing partial defences, namely provocation, diminished responsibility, suicide pact killing or infanticide. However, the commission would radically redefine the first two partial defences
