In this response we deal with the specific questions asked by the Law Commission in its consultation paper. We do, however, wish to express our concern that the questions asked by the Law Commission, the answers given to them and the scope of the consultation paper itself appear to be shaped and limited by the existing political climate and by a small number of particularly difficult recent cases. We are concerned that as a result of those factors in particular the Law Commission is seeking to deal with developments in our society and our law by pushing existing statute and case law beyond its natural boundaries when what is needed in order to deal with those developments is a root and branch review of the law of murder. If it is the case that society considers some behaviour which leads to the death of another person less serious than other behaviour which has the same outcome it ought to deal openly and fully with that issue, for example by debating whether there should be a law introducing different degrees of culpability for killing.

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