Write a critical analysis of the law on murder and voluntary manslaughter. Discuss any reforms that may be desirable.

Proposals for the reform of the law on murder and voluntary manslaughter have been put forward by the Law Commission in their "Murder, Manslaughter and Infanticide Report 2011", calling the law a "rickety structure set upon shakey foundations".

With regards to murder, one criticism is the fact that the idea of implied malice aforethought seems unfair as it means defendants who only intend to cause grievous bodily harm, as opposed to those who intend to kill, are still found guilty of murder and receive a mandatory life sentence, which doesn't distinguish between levels of blameworthiness and gives the judge no flexibility in sentencing (R v Vickers, 1957).

Secondly, the current two-part test for indirect intention has been established over a number of years through piecemental development of the law, the most recent of which was in R v Woollin (1998) which is still fairly recent, and so the law may not be truly reformed.

(Entire answer not provided but was marked 25/25).

GB
Answered by George B. Law tutor

6033 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

How satisfactory is the current law on contractual terms? Consider what reforms might improve the law. You may relate your answer to terms in general, or to terms excluding or limiting liability, or to a combination of both.


What is the "eggshell skull" rule and how does it work?


What is theft?


What are the key elements of an enforceable contract?


We're here to help

contact us iconContact ustelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

MyTutor is part of the IXL family of brands:

© 2025 by IXL Learning