(e) Penalty:

The death penalty having been abolished by the statute, the penalty for murder is now life

 imprisonment."

3. Manslaughter

(a) Where the accused acts under provocation.

(b) Where the accused can raise the defence of diminished responsibility.

(c) Where the accused kills in pursuance of a suicide pact.

(a) Provocation:

This is unlawfully causing the death of another but without malice aforethought. (The same

 rules relating to causation in murder apply here).

The law allows the question of provocation to be put to tile jury where there is evidence of

provocation  by things done or said or both  formerly, words alone were not normally

 regarded as Sufficient .The  question for the jury is whether, as a result of what was

 said or done, a reasonable man would have lost his self-control, and done as the accused did.

4. Voluntary Manslaughter

This is the term used for a situation where D may even intend to kill someone, but nevertheless

be guilty only of manslaughter. There are three such situations.

 

(i) "Cooling-off" time:

If the accused has had sufficient time to "cool-off' after being provoked and before killing, it may

be murder, not manslaughter.

 

(ii) Whatever the rule before, it is now clear that provocation need not be given by the person

 killed, nor need it be directed at the accused.

(iii) "Reasonable man" is now to be interpreted as meaning a reasonable person of the

 age of the accused. "

What matters is that the accused has actually lost his self-control at the time of killing,

and that a reasonable man would have done likewise.

 

(b) Diminished responsibility:

This defence can be raised where the accused is suffering from "such abnormality of mind... as

substantially impairs his mental responsibility for his acts and omissions". Unlike insanity the

cause need not be a disease of the mind, but might include external factors, such as injury, as

well as "irresistible impulse"."

5. Involuntary Manslaughter

 

This covers cases where killing is not intended, and includes:

 (a) constructive manslaughter:

 

Where the accused intends to commit an unlawful and dangerous act from which death results.

 In one case the accused threw stones over the side of a railway bridge; one struck the guard

of a passing train, killing him.

(b) gross negligence:

Where an act, though otherwise lawful, is done with such disregard for the lives and safety of

 others as to amount to an offence.

 

(c) an unlawful omission:

Such as neglecting to feed a child, or dependent adult. (This is similar to gross negligence

in that there must be obvious disregard for others; it differs, however, in that liability for

 any consequences of omissions can only occur where the accused is under a legal

duty to act)."