timesonline.co.uk -6th August 2004
Scenarios outlined in the Law Commission report reveal some of the difficulties:
The Baby Killing: a 19-year-old man shakes his young baby to death for constantly crying and disturbing him on the eve of a job interview.
All 62 people questioned supported prosecution for unlawful killing, and 14 thought it the worst possible homicide. Most recommended jail for a period of under ten years.
The Noisy Neighbour: a young man is constantly kept awake by a neighbour playing loud music. The night before a job interview the music is on again. He goes next door and fatally stabs his neighbour. A majority called for prosecution for killing and urged a fixed-term jail sentence.
The Contract Killing: a man agrees carries out a killing for a contract worth £5,000.
An overwhelming majority thought this the worst kind of homicide. Seven wanted capital punishment; 28 life in jail and 16 life with the possibility of parole. This was the only time the majority wanted a life sentence.
The Argument: An argument between two men develops into a fight in which one man punches the other. The other man pulls out a knife and stabs his attacker.
A majority supported prosecution for homicide but there was wide variation in sentences. Some wanted life but a majority wanted a fixed-term sentence with some suggesting a non-custodial sentence.
The Mercy Killing: A man who has nursed his terminally ill wife for several years gives in to her requests that he should “put her out of it”, and smothers her with a pillow.
58 people thought this the least serious homicide and 60 per cent said no prosecution should be brought. 77 per cent said a non-custodial jail term or jail for less than two years.