ABSTRACT
This chapter focuses upon the major crimes of murder and manslaughter which are analysed together with the statutory ‘special’ defences of provocation and diminished responsibility recognised under the Homicide Act 1957. Reference will also be made to offences in which death is the major feature but which are not classified, for particular reasons, as either murder or manslaughter, as in the case of child destruction contrary to s 1 of the Infant Life Preservation Act 1929 or infanticide under s 1 of the Infanticide Act 1938. Attention is also drawn to the significant House of Lords’ decision in AG’s Reference (No 3 of 1994) (1997) which established the principle that manslaughter but not murder can be committed if a child in utero is injured and dies as a result of an attack on the mother providing:
• the child has been born and enjoyed an existence separate from its mother;
• the injuries caused or contributed substantially to the death;
• the requisite mens rea against the mother is established.
