Catherine Elliott

What Future for Voluntary Manslaughter

This article examines the Law Commissions Consultation Paper, Partial Defences to Murder, which was published in June 2003. There are fundamental problems with the defence of provocation. The author suggests that this partial defence should therefore be abolished and replaced by a new partial defence of self-preservation. This could provide a defence where the offender, or another person with whom he or she is closely associated, has been repeatedly subjected to serious violence or tormenting behaviour. This conduct must have caused the offender to be in a state of severe emotional disturbance at the time of the killing.

Recent Developments in the English Law of Involuntary Manslaughter

This article discusses the recent changes in the law of involuntary manslaughter in England. Involuntary manslaughter is a type of homicide offence in English criminal law. To appreciate the significance of the changes in the field of involuntary manslaughter a brief explanation will first be given of homicide offences in general in England.

Liability for Manslaughter by Omission: Don't Let the Baby Drown!

By removing the common law rules on a duty to act from liability for manslaughter by omission, the law would more accurately reflect the intention of the House of Lords in R v Adomako (1995). The current duplicitous requirement of both a duty to act and a duty of care appears to be confusing both the trial judge and the jury. The causing of a harm by an omission does not automatically mean the conduct was less morally reprehensible than where harm is caused by an act and this reform would therefore potentially bring the law more closely into line with societys moral values. The law would be rendered clearer and simpler and injustices would be avoided due to the other requirements of the Law Commissions proposed offence of killing by gross carelessness, including causation and gross carelessness. Through this reform justice could at last be offered should a stranger choose to walk by a drowning baby.