ABSTRACT
The term 'murder', derived from the Germanic morth, originally denoted a secret killing. By the thirteenth century, murder was the term used for any unpardonable killing. The wide catchment of murder would not matter as much if liability could be tempered at the sentencing stage. But the sentence for murder is implacable: the sentence is always a sentence of life imprisonment. The punishment regime for murder was made significantly harsher by the Criminal Justice Act 2003. There are two ways of becoming a murderer and subject to life imprisonment: as a principal offender (D1) or as a secondary offender (D2). In 2006, the Law Commission made detailed proposals for a more nuanced and limited law of murder, including an offence of first degree murder. The route to murder liability, as a principal and as an accomplice, are in need of clarification and reform.
