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Name: ____________________ Date: ____________
1.Easy
In Dutch criminal law, "noodweer" (Article 41(1) Sr) is:
AA justification for necessary defence against an immediate unlawful attack
BAn excuse based on a strong emotional disturbance caused by an unlawful attack
CA form of preparation for committing a crime
DA rule allowing police to stop and search people
2.Easy
An omission (failure to act) can lead to criminal liability when:
AThe defendant was asleep
BNever, in any legal system
CThe defendant had a legal duty to act
DAny person failed to help a stranger
3.Easy
Which two elements usually make up a criminal offence?
ADuty and breach
BMotive and opportunity
CActus reus and mens rea
DOffer and acceptance
4.Medium
D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:
AGuilty of manslaughter, because supply always causes the death
BNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
CGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
DGuilty of manslaughter, because V's choice is irrelevant
5.Medium
Strict liability offences are offences where:
AOnly intentional acts count
BLiability arises only if the defendant was negligent as to every element
CThe defendant must confess
DNo mens rea is required for at least one element of the actus reus
6.Medium
Oblique (indirect) intention in English law (R v Woollin) exists when:
ADeath was a foreseeable consequence that a reasonable person would have appreciated
BThe defendant did not foresee any harm
CDeath or serious harm was a virtual certainty and the defendant appreciated this
DThe result was merely possible
7.Hard
Gross negligence manslaughter in English law (R v Adomako) requires:
AIntention to kill
BSubjective recklessness about death
CA duty of care, breach causing death, and negligence so bad that it should be criminal
DAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
8.Hard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
AThe legality principle as part of the Constitution
BAbsence of all blame (AVAS) as an unwritten excuse
CConditional intent as a form of intention
DForce majeure as a written justification
Answer key
1. A · A justification for necessary defence against an immediate unlawful attack
2. C · The defendant had a legal duty to act
3. C · Actus reus and mens rea
4. B · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
5. D · No mens rea is required for at least one element of the actus reus
6. C · Death or serious harm was a virtual certainty and the defendant appreciated this
7. C · A duty of care, breach causing death, and negligence so bad that it should be criminal
8. B · Absence of all blame (AVAS) as an unwritten excuse
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