- Page 1: ReportHomicide: murderand involunta
- Page 4 and 5: Law Reform CommissionTHE LAW REFORM
- Page 6 and 7: Law Reform CommissionLaw Reform Res
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- Page 12 and 13: CHAPTER 5F Issues relating to gross
- Page 16 and 17: R v Seymour [1983] 2 AC 493 EngR v
- Page 18 and 19: Code 5 formulation of extreme indif
- Page 20 and 21: 13. The Commission also examines th
- Page 22 and 23: B(a)Maintaining the murder/manslaug
- Page 24 and 25: homicide” was met with scathing c
- Page 26 and 27: 1.17 Instead of charging a person w
- Page 28 and 29: CThe mandatory life sentence for mu
- Page 30 and 31: Justice Act 1990 violated the separ
- Page 32 and 33: 1.37 Third, the mandatory penalty i
- Page 34 and 35: (b)Arguments favouring abolition of
- Page 36 and 37: 1.50 A second major reason militati
- Page 38 and 39: 1.56 Fifth, while the criminal just
- Page 40 and 41: or indirectly premeditated in a lon
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- Page 44 and 45: capital murder in section 3 of the
- Page 46 and 47: to at the time.” 19 Regarding the
- Page 48 and 49: that an intended act will cause dea
- Page 50 and 51: (1) to decide whether the natural a
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- Page 54 and 55: 2.44 Lord Hailsham was of the view
- Page 56 and 57: voluntary act, then that is a fact
- Page 58 and 59: decides that death or serious injur
- Page 60 and 61: 2.61 The fact that an intention to
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2.70 In The People (DPP) v Kirwan 9
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3CHAPTER 3MURDER: PROPOSALS FOR REF
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they did not foresee death as a vir
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3.10 In its 2001 Consultation Paper
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if the Commission wishes to include
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manslaughter. It was suggested that
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3.34 In the Commission’s view, th
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eform. Firstly, the existing rule c
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E(a)Defining “serious injury”Co
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serious injuries. Less serious inju
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(1) The accused person intended to
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injury was the natural and probable
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longer definition of murder provide
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manslaughter by gross negligence. H
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on the absence of intention to kill
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4.17 In The People (DPP) v Dillon 1
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injury, or was aware of the risk of
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possibly be more appropriate than t
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“chairoplane” ride at a funfair
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FIssues relating to gross negligenc
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personal injury”. Arguably, the r
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(3) Should gross negligence manslau
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user as premeditated in the sense t
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(1) Low levels of deliberate violen
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likely to endanger life, people suc
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manslaughter unless he or she consc
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investigation into the fatal event
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5.35 As regards the terminology whi
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context of a minor assault. Recogni
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(c)Report Recommendation5.52 The Co
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5.59 The current test for establish
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(e)Report Recommendation5.68 The Co
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e unwilling to convict a negligent
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or due to careless driving, the fac
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involves a gross deviation from the
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APPENDIX A DRAFT HOMICIDE BILL 2008
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Criminal Justice Act 1964Road Traff
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Murder2.—(1) Where a person kills
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Assault causing death5.—(1) A per
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The Law Reform Commission is an ind