ABSTRACT

This chapter explains the law of murder, the law of diminished responsibility, the law of loss of self-control, the law of involuntary manslaughter (constructive, gross negligence and reckless manslaughter), and the law on other homicide offences. It analyses critically the law on homicide, including reform proposals. The chapter applies the law to factual situations to determine whether there is liability for murder or manslaughter. A foetus that is killed in the womb cannot be a victim of homicide, although there are other (statutory) offences. As a consequence of the Commission's proposal to abolish voluntary manslaughter, there would be no need to refer to 'involuntary' manslaughter either. The third tier of homicide would simply be called 'manslaughter'. The chapter discusses whether the Law Commission's 2006 proposals resolve all of the existing defects and problems within the law of homicide. The Law Commission has also proposed reclassifying homicide by introducing 'degrees' of murder.