1.Easy
In English law, "voluntary manslaughter" refers to:
- AA killing caused by an unlawful and dangerous act, without intent to kill
- BA killing with the mens rea for murder where a partial defence applies
- CA killing that the victim consented to in advance
- DA killing caused by gross negligence at work
2.Easy
Which two elements usually make up a criminal offence?
- AOffer and acceptance
- BMotive and opportunity
- CActus reus and mens rea
- DDuty and breach
3.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- AAffray
- BArson
- CAggravated theft
- DBurglary
4.Medium
D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:
- ANot liable, because players consent to injuries within the rules of the game
- BLiable for GBH, because a serious injury was caused
- CLiable for battery, because consent is never a defence to serious bodily harm
- DLiable, because rugby is not a recognised sport
5.Medium
D, carrying an imitation gun and a threatening note, walks towards a post office to rob it but is arrested outside before entering. Under the Criminal Attempts Act 1981, D is most likely guilty of:
- ANothing as attempted robbery yet, because D has not gone beyond preparation
- BBurglary, because D intended to enter the building
- CRobbery, because the intention was proved
- DAttempted robbery, because D was carrying an imitation gun and a threatening note
6.Medium
During a burglary, D has handed a knife to an accomplice. When someone arrives, D says "come on, let's go" and climbs out; the accomplice stabs the person. Following R v Becerra, D's withdrawal is:
- AEffective, because D left before the crime was completed
- BNot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- CIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
- DEffective, because any words of withdrawal are always enough
7.Hard
Which statement about "noodweerexces" (excessive self-defence) in Dutch law (Article 41(2) Sr) is correct?
- AIt applies only to police officers
- BThe excess is excused if directly caused by a strong emotional disturbance resulting from the attack
- CAny excessive force is always justified
- DThe excess is justified whenever the defender reasonably feared further attacks from the same person later
8.Hard
In Sweet v Parsley (1970), a landlady was convicted of being concerned in the management of premises used for smoking cannabis. The House of Lords:
- AUpheld the conviction because drug offences are always strict liability in order to protect public health
- BHeld that landladies have a duty to search their tenants
- CQuashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
- DHeld that cannabis offences require a commercial purpose
Answer key
- 1. B · A killing with the mens rea for murder where a partial defence applies
- 2. C · Actus reus and mens rea
- 3. B · Arson
- 4. A · Not liable, because players consent to injuries within the rules of the game
- 5. A · Nothing as attempted robbery yet, because D has not gone beyond preparation
- 6. B · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- 7. B · The excess is excused if directly caused by a strong emotional disturbance resulting from the attack
- 8. C · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
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