Law Reform

LCCSA RESPONSE TO THE SENTENCING PANEL CONSULTATION PAPER ON SENTENCING OF MANSLAUGHTER BY REASON OF PROVOCATION – June 2004

PUBLISHED June 1, 2004
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This paper has been prepared with reference to the LCCSA?s response to the consultation paper issued by the Law Commission in February 2003 in relation to partial defences to murder (a copy of which is attached). Whilst it is not proposed to revisit the issues raised in that earlier response, attention is drawn to the LCCSA?s concern in relation to the nature and scope of the first consultation paper. As with that earlier consultation paper, it seems that the questions posed by the Sentencing Advisory Panel are shaped by the particular political climate within which this debate is taking place. The LCCSA stated in its earlier response that ?if it is the case that society considers one 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 murder.? This comment is perhaps even more relevant when considering the appropriate sentences for manslaughter by reason of provocation. The LCCSA questions whether it is premature to be dealing with issues of sentence. Whilst the law concerning partial defences to murder, and, in particular, the vailability of provocation remains under review.

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