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Quiz about The Homicide Act 1957
Quiz about The Homicide Act 1957

The Homicide Act 1957 Trivia Quiz


This shows the basics of the Homicide Act 1957, according to the GCSE syllabus.

A multiple-choice quiz by rosah. Estimated time: 6 mins.
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Author
rosah
Time
6 mins
Type
Multiple Choice
Quiz #
274,033
Updated
Jul 23 22
# Qns
10
Difficulty
Difficult
Avg Score
4 / 10
Plays
383
Awards
Top 35% Quiz
- -
Question 1 of 10
1. Whose definition of murder is widely used today? Hint


Question 2 of 10
2. Which of the following is classed as manslaughter but is not found under the Homicide Act 1957? Hint


Question 3 of 10
3. What is constructive manslaughter? Hint


Question 4 of 10
4. In case law, which case is the leading case for diminished responsibility? Hint


Question 5 of 10
5. Which of the following is not part of the chain of causation for constructive manslaughter? Hint


Question 6 of 10
6. In case law, R v Adomako (1994) is used as precedent for which manslaughter offence? Hint


Question 7 of 10
7. What principle was used in the case of R v Ahluwalia? Hint


Question 8 of 10
8. Which of the following is the minimum sentence which must be given if the defendant is found guilty of murder? Hint


Question 9 of 10
9. What does the term 'implied malice aforethought' mean? Hint


Question 10 of 10
10. In case law, when discussing diminished responsibility, which case was when the defendant suffered from alcoholism and killed her 11 year old daughter? Hint



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Quiz Answer Key and Fun Facts
1. Whose definition of murder is widely used today?

Answer: Coke

Coke's definition was that murder is when 'a man of sound memory, and of the age of discretion, unlawfully kills within any county of the realm, any reasonable creature under the queens peace, with malice aforethought'.
Broken down, this means that anybody who kills who is not classed as legally insane and who is above the age of 10, during peace time, with an intention to commit the crime will be found guilty.
2. Which of the following is classed as manslaughter but is not found under the Homicide Act 1957?

Answer: Infanticide

Infanticide is found under the Infanticide Act 1938. Although it is unlikely to be included in an exam, it is an important piece of information to remember. Infanticide is when a mother kills her child (usually newborn), normally because of postnatal depression.
3. What is constructive manslaughter?

Answer: Death due to the defendants' unlawful act

Constructive manslaughter is when death occurs due to the defendant's unlawful actions. R v Mitchell is the leading case for this, when the defendant tried to push in a queue. When a man in the queue objected, Mitchell assaulted him. This caused an elderly woman in the queue to fall, breaking her leg. She died because of her injuries.
4. In case law, which case is the leading case for diminished responsibility?

Answer: R v Byrne

R v Byrne (1960) was when the defendant was a psychopath who strangled and mutilated a young woman. Diminished responsibility can be found under section 2 of the Homicide Act 1957 and is basically when the defendant is suffering from an abnormality of the mind substantial enough to impair their ability to see a situation in the same way that a reasonable man would.
5. Which of the following is not part of the chain of causation for constructive manslaughter?

Answer: There needs to be a mens rea for murder

There only needs to be a mens rea (guilty mind) for the actual unlawful act. The actual chain of causation for constructive manslaughter is that the act must be unlawful, the act must be considered as dangerous on an objective test, the act has to cause death and the defendant must have the mens rea for the dangerous act.
6. In case law, R v Adomako (1994) is used as precedent for which manslaughter offence?

Answer: Duty of Care

R v Adomako (1994) is the leading case for duty of care, which is an example of involuntary manslaughter. The defendant was an anaesthetist who didn't notice that a pipe which was delivering oxygen to the defendant had become detached. Therefore, because of this, the victim died and the defendant was convicted of manslaughter because he owed the victim a duty of care.
7. What principle was used in the case of R v Ahluwalia?

Answer: Slow burn

In R v Ahluwalia, the defendant had killed her husband by setting fire to him while he was asleep. This was because she was a victim of domestic violence and finally killed her husband after all of the abuse that he had been giving her. The principle of slow burn was introduced for cases like this, such as R v Thornton, when battered wives didn't have a sudden loss of control, which is what usually constitutes provocation, but had a 'cooling off' period before they murdered their husband.
8. Which of the following is the minimum sentence which must be given if the defendant is found guilty of murder?

Answer: Life imprisonment

If the defendant is found guilty of murder, the judge has no choice but to impose a mandatory life sentence. They can then suggest a minimum number of years which have to be served, such as 40. Then, after that amount of years, the case will be reviewed and it will be decided whether they are able to leave prison or serve more of their sentence.
9. What does the term 'implied malice aforethought' mean?

Answer: Intention to cause GBH

Implied malice aforethought means that the defendant had the intention to commit GBH. Express malice aforethought is when the defendant has the intention to commit murder. It is important to remember the differences between these two phrases as you may be asked to define them in the exam.
10. In case law, when discussing diminished responsibility, which case was when the defendant suffered from alcoholism and killed her 11 year old daughter?

Answer: R v Tandy

R v Tandy is when the defendant suffered from alcoholism and killed her 11 year old daughter. The other 3 cases refer to provocation:
R v Pearson- the defendant killed his father because of the brutality his father showed towards his younger brother
R v Davies- the defendant caught their spouse committing adultery
R v Doughty- the defendant killed a 17 day old baby because it cried incessantly
Source: Author rosah

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