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First Degree Murder
Law Commission's 2006 Proposals
- Intention to kill; and
- Intention to cause GBH but aware that conduct involves serious risk of causing death.
D- intended to cause injury
D- was aware that their act involved a serious risk of causing some injury.
Risk is "serious" if it is more than insignificant or remote- The Law Commission.
Second degree murder
Law Commission's 2006 proposals:
Where the level of criminality is too high to be categorised as manslaughter, but not high enough to deserve a mandatory life sentence.
- Provocation/ diminished responsibility
- Killing where the intention was to cause serious injury.
- Killing where D intended to cause injury or fear or risk of injury and was aware that their conduct involved a serious risk of causing death.
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