Law Commission consultation on homicide offences

We provisionally propose that attempt liability under our proposed homicide offences should apply to first-degree murder. The defendant would be liable for this offence where:

1. they do an act that is more than merely preparatory to the commission of the offence of first-degree murder; and
2. they have the intention to kill.

Do consultees agree?

Under our proposals, a defendant who unlawfully kills another person with the intention to cause serious injury would be guilty of second-degree murder. Currently, where the defendant acts with the intention to cause grievous bodily harm and takes steps that are more than merely preparatory towards doing so, the defendant may be guilty of causing grievous bodily harm with intent or attempting to cause grievous bodily harm. We provisionally propose that this approach be retained, with the consequence that there would not be an offence of attempted second-degree murder.

Do consultees agree?