A person who accidentally killed someone they intended to harm could be charged with second-degree murder under reforms proposed by the Law Commission.
Opening a consultation today, criminal law commissioner 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 and to build a fairer and more proportionate framework that reflects the degrees of culpability of offenders.’
Currently, suspects are charged with either murder or manslaughter which, says the commission, has been widely criticised for failing to differentiate appropriately between wide ranges of conduct and culpability.
The commission's proposals would see a person who intended to kill the victim and stabbed them charged with first-degree murder. If the defendant intended to cause serious injury, stabbed the victim and the victim died, the defendant would be charged with second-degree murder.
Partial defences, such as diminished responsibility, would apply to first-degree murder. A successful partial defence would reduce first-degree murder to murder with a partial defence, which carries a less severe sentence.
The commission is also seeking views on expanding the scope of homicide offences to include, for instance, drug supply leading to death and duty to rescue someone in danger, such as a failure to seek medical help or respond to signs of suicidal behaviour.
Views are also sought on whether controlling or coercive behaviour in an intimate or family relationship should be criminalised where that abusive conduct contributed to the victim’s suicide.
The consultation closes on 30 September. The commission will consult on defences to homicide and sentencing next year. A final report will be handed to the government in 2028.
1 Reader's comment