Homicide law reform: Coke v Bumble – revisited and reassessed

Abstract

This contribution is a sequel to an earlier paper in the journal by the second author. It examines the Government's remit to the Law Commission to suggest revision to the law relating to homicide, and the eventual somewhat muted implementation in the Coroners and Justice Act of 2009. These changes to the law of homicide, and more specifically the revisions to the partial defences of diminished responsibility and provocation, are critically reviewed, and are discussed in light of the future of homicide law reform. It is argued that more radical reform to the substantive law of homicide is needed, but this article also discusses the problems of implementing this more radical reform given the Government's reluctance to remove the mandatory life sentence for murder.