Law on murder can be criticised for a number of reasons and this was recognised in the Law Comission's Rport of the Partial Defences to Murder "it has long been considered that the law on murder is in need of review"
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Intro
There have been some proposed reforms to improve this law, and sometimes, a Government response.
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Mandatory Life Sentence
LC - Murder, Manslaughter, Infanticide = unfair as no discretion and get same sentence as deliberate killer
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Aggravated by
CJA03 = Martin(Anthony) would receive a minimum of 30 years improsonment which is unfair for a killing not intended to harm
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Definition too wide
Guilty for intending harm, courts highlighted as problme since Cunningham(1981) Lord Davies "strange...really serious harm...unlikely to kill"
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All or nothing effect
Reasonable force = acquitted excessive = life sentence. Showin in Clegg/Martin(Anthony). Unfair, mistake due to fear. Decisions criticised, honest unreasonable belief same sentence as deliberate
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Reform
Separated to 1st and 2nd degree.
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1st degree
intend to kill or serious harm knowing risk of death = mandatory life
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2nd degree
intend to cause serious harm but dont know risk of death = max life but discretionary
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Response
Gov published consultation paper Jul08 rejecting proposals but accepted need for reform at lack of defence for mistaken excessive force proposed new 2 part defnce. LOC CJA09
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Other cards in this set
Card 2
Front
Intro
Back
There have been some proposed reforms to improve this law, and sometimes, a Government response.
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