1.Easy
Which Act created the offences of fraud by false representation, failing to disclose information and abuse of position?
- AThe Criminal Justice Act 1988
- BThe Fraud Act 2006
- CThe Serious Crime Act 2007
- DThe Theft Act 1978
2.Easy
In criminal cases, the prosecution must usually prove guilt:
- AOn the balance of probabilities
- BWith at least three witnesses
- CBeyond reasonable doubt
- DWith a confession
3.Easy
Mens rea refers to:
- AThe mental element of a crime
- BThe victim's state of mind
- CThe punishment for a crime
- DThe physical act of a crime
4.Medium
Two adult friends agree to a fist fight in the street, and one breaks the other's nose. Following A-G's Reference (No 6 of 1980), consent is:
- ANo defence, because a street fight causing actual bodily harm is not in the public interest
- BA defence only if the fight was planned in advance
- CRelevant only to the sentence and never to guilt
- DA full defence, because both adults freely agreed to the fight and accepted the risk of injury
5.Medium
D takes V's bag and is seen; a few seconds later D ties V up to escape. Following R v Hale, D is guilty of robbery because:
- AAppropriation is a continuing act, so the force was used at the time of the theft
- BAny force used on the victim within an hour of the theft automatically turns it into robbery
- CTying up a victim is robbery even without theft
- DThe bag was later recovered by the police
6.Medium
"Dolus eventualis" (voorwaardelijk opzet) in Dutch criminal law means the defendant:
- AWanted the consequence as their main goal and acted in order to bring it about
- BActed entirely by accident
- CDid not foresee the consequence at all
- DKnowingly accepted the considerable chance that the consequence would occur
7.Hard
In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:
- AActing in a way that is against the law
- BFailing to notice a risk an ordinary person would see
- CActing with wickedness or ill will towards the victim, as in ordinary usage
- DIntending the harm or foreseeing the risk of it and taking it anyway
8.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:
- AThe miners intended to kill because death was their aim
- BForesight of a high probability of death or serious injury is conclusive proof of intention as a matter of law
- CForesight of a high probability is evidence from which intention may be inferred, but is not intention itself
- DIntention can never be inferred from foresight
Answer key
- 1. B · The Fraud Act 2006
- 2. C · Beyond reasonable doubt
- 3. A · The mental element of a crime
- 4. A · No defence, because a street fight causing actual bodily harm is not in the public interest
- 5. A · Appropriation is a continuing act, so the force was used at the time of the theft
- 6. D · Knowingly accepted the considerable chance that the consequence would occur
- 7. D · Intending the harm or foreseeing the risk of it and taking it anyway
- 8. C · Foresight of a high probability is evidence from which intention may be inferred, but is not intention itself
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