murder

• reform of murder ao3

  • law commission concerns in 2004 that murder laws were a mess
  • report in 2006 on murder, manslaughter and infanticide
  • proposed the three tier homicide system = first degree, second murder and manslaughter
  • 2011 - wouldnt take proposals forward as it wasnt right time to do so but accepted as a good idea
  • law commission suggested to abolish mandatory life sentences but gov opposed in 2009 but a verdict of guilty with extenuating circumstances suggested
  • abolish the difference between murder and manslaughter but judge would have to decide this not jury
• loss of control ao3

  • was recently change due to r v ahluawaia
  • loss of control must be at same time as actus reus but now doesnt have to be sudden
  • women with a "slow-burn" reaction will be treated more fairly so removes discrimination
• diminished responsibility ao3

  • was working well in 2004 from conclusion by law commission
  • defence made narrower in 2009 e.g abnormality of mind to abnormality of mental functioning means a recognised medical condition must be provided
  • does take into account mental health issues
  • it must be substantially impaired which makes the defence more specific and what parts must be affected
  • the prosecution can argue insanity which may be unfair
  • less of a negative stereotype of women being emotionally unstable compared to the old defence
• involuntary manslaughter ao3

  • gnm controversial and adomako was a suprising case
  • could be a duty included in manslaughter
  • why is it an objective test if the defendant foresaw the risk
  • what does the reasonable man's view matter