1.Easy
Automatism as a defence refers to:
- AActing under the influence of strong anger
- BActing in the belief that the act is lawful
- CActing under threats from another person
- DActing without voluntary control over one's body
2.Easy
In English law, a common assault (in the narrow sense) is committed when the defendant:
- ADamages the victim's property
- BCauses the victim to apprehend immediate unlawful force
- CCauses the victim serious bodily harm
- DActually applies unlawful force to the victim's body, however slight
3.Easy
In English law, theft is defined in section 1 of the Theft Act 1968 as:
- AUsing force to obtain property belonging to another person
- BDishonestly taking property belonging to another without consent, with intention to use it and later return it
- CBorrowing property from another person without asking first
- DDishonestly appropriating property belonging to another with intention to permanently deprive the other of it
4.Medium
D parks his car on a police officer's foot by accident, then refuses to move it once told. Under Fagan v MPC, this is:
- ANo offence, because the original act was accidental and mens rea arose only afterwards
- BOnly criminal damage to the officer's shoe
- CA battery, because the act was continuing when the mens rea arose
- DA mere omission without any duty to act
5.Medium
D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:
- AThe car was insured by V
- BShe returned it the next morning
- CCars cannot be stolen under the Theft Act
- DShe is not dishonest and lacks intent to deprive another
6.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 V's choice is irrelevant
- BGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
- CNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
- DGuilty of manslaughter, because supply always causes the death
7.Hard
In R v Hancock and Shankland (1986), striking miners pushed a concrete block onto a taxi, killing the driver. The House of Lords held:
- AForesight of a high probability is evidence from which intention may be inferred, but is not intention itself
- BForesight of a high probability of death or serious injury is conclusive proof of intention as a matter of law
- CIntention can never be inferred from foresight
- DThe miners intended to kill because death was their aim
8.Hard
Why is the principle of "lex certa" important in criminal law?
- ACriminal laws must be clear enough for people to foresee what is punishable
- BOnly certain crimes can be prosecuted
- CLaws must be certain to be enforced, so the police have no discretion in applying them
- DJudges must be certain before sentencing
Answer key
- 1. D · Acting without voluntary control over one's body
- 2. B · Causes the victim to apprehend immediate unlawful force
- 3. D · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 4. C · A battery, because the act was continuing when the mens rea arose
- 5. D · She is not dishonest and lacks intent to deprive another
- 6. C · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
- 7. A · Foresight of a high probability is evidence from which intention may be inferred, but is not intention itself
- 8. A · Criminal laws must be clear enough for people to foresee what is punishable
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