A 'Killer' of a Quiz

Answer: Life imprisonment

A conviction for murder carries a mandatory sentence of life imprisonment, or in the case of a child or young person under 18 years of age, they are detained at ' Her Majesty's pleasure', (Children and Young Persons' Act 1933).

It is a well known fact, that 'life' does not always mean 'life'. Judges however do make recommendations as to what sentence a convicted person should serve. With regard to 'serial killers' for example, life imprisonment means life.

Answer: Yes

A ruling was that a person had to die within 'a year and a day'. Since the 'Law and Reform (year and a day rule) Act 1996, there is now no need to show that a victim died within a year and a day of the defendant's actions.

If the victim however dies more than 3 years after being injured, the consent of the Attorney General is required to bring a prosecution.

Similar consent is also required if the defendant has been found guilty of a lesser charge, under circumstances connected with the death.

Answer: Malice aforethought

Murder is an offence at Common Law.
'Unlawful killing', means actively causing the death of another without justification. It can include occasions where someone fails to act after creating a situation of danger. For example R-v Miller (1983) 2 AC 161, where the defendant accidentally started a fire in a house, and then moved to another room, taking no action to rectify the danger he had created.

'Another human being' includes a baby who has been born alive and has an existence independent of its mother.

'Under the Queen's Peace', this excludes deaths caused in legitimate warfare.

Answer: No

The Homicide Act 1957, Section 2 states 'Where a person kills or is party to the killing of another, he shall not be convicted of murder if he was suffering such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts, omissions in doing or being a party to the killing'.

Answer: Assisting someone who is terminally ill

'Diminished responsibility' The Homicide Act 1957, Section 2 states (1)' Where a person kills or is party to the killing of another, he shall not be convicted of murder if he was suffering such abnormality of mind (whether arising from a condition of arrested or retarded development mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts, omissions in doing or being a party to the killing.
(2) On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of murder.
(3)A person who but for this section would be liable, whether as principle or accessory, to be convicted of murder shall be liable instead to be convicted of manslaughter.
(4) The fact that on party to a killing is by virtue of this section not liable to be convicted of murder shall not affect the question whether the killing amounted to murder in the case of any other party in it'.

'Provocation' Section 3 of the Homicide Act states.'Where on a charge of murder there is evidence on which a jury can find that the person charged was provoked (whether by things done or by things said or by both together) to lose his self control, the question whether the provocation was enough to make a reasonable man do as he did shall be left to be determined by the jury; and in determining that question the jury shall take in to account everything both done and said according to the effect which, in their opinion, it would have on a reasonable man'.

'Suicide Pact' Section 4 of the Homicide Act 1957 states, 'It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between himself and another to kill the other or be a party to the other being killed by a third person'.

Answer: The mother of the child

This offence can only be committed by a mother.
The child has to be under 12 months of age and it relates to mothers who are suffering the effects of post natal depression.

Answer: Yes

Section 9 of the Offences Against the Person Act 1861 states, 'Where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, may be dealt with, inquired of, tried, determined, and punished in The United Kingdom Provided, that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of the United Kingdom in the same manner as such person might have been tried before the passing of this Act'

Section 10 states 'Where any person being [criminally] stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England or Ireland, shall die of such stroke, poisoning, or hurt in England or Ireland, or, being [criminally] stricken, poisoned, or otherwise hurt in any place in England or Ireland, shall die of such stroke, poisoning, or hurt upon the sea, or at any place out of England or Ireland, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, may be tried in England'

Answer: 14 years

The most topical aspect of this offence, is 'mercy killings'.

Answer: Yes

Manslaughter, like murder, is the unlawful killing of another human being, but it does not require the intention to kill or to cause grievous bodily harm.

It is where the defendant kills another by an unlawful act which was likely to cause bodily harm or kills another by gross negligence.

The act need not be directed or aimed at anybody and can include acts towards property, for example setting fire to a house ( R v Goodfellow (1986) 83 Cr App R 23)

Such acts might include dropping a paving stone off a bridge into the path of a train. ( R v Newbury (1977) AC 500 )

Answer: Life imprisonment

Unlike murder which is a mandatory sentence of life imprisonment, this is not applicable to manslaughter. Defendants can be imprisoned for any length of time, and on occasion receive probation orders. The sentence in each case differing.