Distinguishing between Murder and Manslaughter in Practice

Abstract

The Home Office is currently engaged in a review of the homicide law, which includes consideration of the Law Commission's report Murder, Manslaughter and Infanticide, published in November 2006, which recommended three principal offences—first and second degree murder, and a redefined manslaughter. Through an analysis of a sample of murder and manslaughter prosecutions, this article offers some timely evidence of the way in which the law works in practice. In particular, it suggests there is evidence—not mere anecdotes—that occasionally the verdicts reached by the courts do not seem to sit comfortably with the law as stated in books, and that whilst some of these apparent ‘discrepancies' may be attributed to the vagaries of the jury, it is likely that the way in which those who investigate, prosecute and defend homicide cases also play an important role here.