Is the current law on murder in urgent need for reform?
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Is the current law on murder in urgent need for reform? Murder is currently defined as the unlawful killing of a human being within the Queen's peace with malice aforethought. Murder is a common law offence and has not therefore been defined under any statute. It is a homicide offence, and carries a mandatory life sentence. The mandatory life sentence aspect of the law is one of the main criticisms people make of the law. If a person is convicted of murder, the trial judge is required to pass a life sentence. Some people argue that motive is not relative under the current law, meaning that a person who commits a mercy killing (R v Cocker) would receive the same sentence as a person who commits an act of terrorism or acts in cold blooded murder. The only current way to reduce the sentence for a mercy killing is to plead the...


