1.Easy
A defendant who did not know what they were doing because of a severe mental disease may rely on:
- ADuress
- BInsanity
- CProvocation
- DNecessity
2.Easy
In criminal cases, the prosecution must usually prove guilt:
- ABeyond reasonable doubt
- BWith at least three witnesses
- COn the balance of probabilities
- DWith a confession
3.Easy
In English law, which court tries the most serious (indictable-only) offences such as murder?
- AThe Crown Court
- BThe magistrates' court
- CThe Court of Appeal
- DThe county court
4.Medium
D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:
- ACan only be guilty of manslaughter
- BCannot rely on intoxication, because the intent to kill was formed before drinking
- CCan rely on intoxication because murder is a specific intent offence
- DHas a defence of involuntary intoxication
5.Medium
Oblique (indirect) intention in English law (R v Woollin) exists when:
- ADeath or serious harm was a virtual certainty and the defendant appreciated this
- BThe defendant did not foresee any harm
- CThe result was merely possible
- DDeath was a foreseeable consequence that a reasonable person would have appreciated
6.Medium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- ANon-insane automatism, because an external factor caused the episode
- BInsanity, because diabetes is a disease affecting the functioning of the mind
- CDiminished responsibility, because harm was caused
- DDuress of circumstances, because D was ill
7.Hard
In R v Gullefer (1990), D ran onto a greyhound track to get the race declared void and recover his bet. The Court of Appeal held:
- AHe was guilty of attempted theft, as running onto the track was more than preparatory
- BImpossibility gave him a complete defence
- CAttempt requires the last act before the crime
- DHis acts were merely preparatory, as he had not embarked on the "crime proper"
8.Hard
Which of these is NOT a qualifying trigger for the loss of control defence under section 55 of the Coroners and Justice Act 2009?
- ASexual infidelity, considered on its own
- BThings said or done of an extremely grave character
- CA combination of fear of violence and grave provocation
- DA fear of serious violence from the victim
Answer key
- 1. B · Insanity
- 2. A · Beyond reasonable doubt
- 3. A · The Crown Court
- 4. B · Cannot rely on intoxication, because the intent to kill was formed before drinking
- 5. A · Death or serious harm was a virtual certainty and the defendant appreciated this
- 6. A · Non-insane automatism, because an external factor caused the episode
- 7. D · His acts were merely preparatory, as he had not embarked on the "crime proper"
- 8. A · Sexual infidelity, considered on its own
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