Dr Felicity Gerry KC Responds to Law Commission Consultation on Homicide Reform
Submission calls for wider reform of homicide law, including consideration of complicity, sentencing, complete defences and protections for victim-perpetrators.
Dr Felicity Gerry KC has responded to the Law Commission of England and Wales’s consultation on homicide offences. In addition to disagreeing with the proposed structure, she raised concern that complicity law was excluded . She also calls for wider reform, including the abolition of mandatory life sentences and greater consideration of complete defences for those affected by trauma.
In a submission filed on 29 September 2026, Felicity warned that the consultation covers only a portion of homicide and does not review complicity law. She argued that this separation creates serious limitations and risks encouraging over-charging. She urged the Commission to wait for the report of the Westminster Commission on Joint Enterprise before finalising its proposals.
Felicity supported alternative proposals for a three tiered homicide proposed by Professor Matthew Dyson, as follows:
(1) Murder (mandatory life sentence)
(a) Killing intentionally.
(2) Aggravated culpable homicide (maximum sentence of life imprisonment (discretionary))
(a) Killing where the offender intended to cause serious injury and was aware that there was a significant risk of causing death.
(3) Culpable homicide (maximum sentence of life imprisonment (discretionary))
(a) – intending injury: Killing where the offender intended to cause serious injury.
(b) – risking injury: Killing where the offender intended to cause some injury or a fear or risk of injury, and was aware of a significant risk of causing death.
(c) – through [insert defence, e.g., loss of self control]: Killing in which there is a partial defence to what would otherwise be murder.
(d) – through gross negligence: Killing through gross negligence as to a risk of causing death.
(e) – through a criminal act: Killing through a criminal act:
(i) intended to cause injury and there was an objective risk of cause serious injury; or
(ii) where the offender was aware that the act involved a significant risk of causing serious injury.
Felicity added a fourth tier to his proposed structure with the secondary party’s role specified in subsections:
- Tier 4(a): helping the principal offender in a way that knowingly, intentionally and significantly contributes to the homicide tier.
- Tier 4(b): commanding or advising the principal offender in a way that knowingly, intentionally and significantly contributes to the homicide tier.
In addition to further comments on homicide and sentencing, Felicity raised the following key points:
- Partial defences and labelling: she supported clearer labelling but opposes calling a killing “murder” where a partial defence applies, and she is very concerned by the suggestion that partial defences should not apply to second-degree murder.
- Complete defences: she urged the Commission to look beyond partial defences and to develop complete defences, including for victim-perpetrators acting under duress, involuntarily, automatically or as a result of long-term trauma.
- Modern slavery: she recommended amending Schedule 4 of the Modern Slavery Act so that trafficked persons involved in homicide offences, whether as principals or accessories, can access a modern slavery defence.
- Non-conviction outcomes: drawing on her work in Victoria Australia, she recommended that the Commission consider a non-conviction sentencing outcome, as in section 8 of the Sentencing Act in Victoria. She said it is particularly suited to infanticide and “mercy” or consensual killings, and more generally to endangerment offences.
