1.Easy
A defendant who did not know what they were doing because of a severe mental disease may rely on:
- ANecessity
- BInsanity
- CDuress
- DProvocation
2.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- ABurglary
- BAggravated theft
- CAffray
- DArson
3.Easy
Handling stolen goods (section 22 Theft Act 1968) requires that the defendant:
- AStole the goods personally
- BKept the goods for over a month
- CSold the goods for profit
- DKnew or believed the goods to be stolen
4.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:
- ABurglary, because D intended to enter the building
- BRobbery, because the intention was proved
- CAttempted robbery, because D was carrying an imitation gun and a threatening note
- DNothing as attempted robbery yet, because D has not gone beyond preparation
5.Medium
D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:
- ALiable, because the police acted reasonably in self-defence and did not break the chain of causation
- BLiable only if the police officers are also convicted
- CNot liable, because V's death was not foreseeable to D
- DNot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
6.Medium
D gets drunk voluntarily, mistakenly believes he is being attacked and stabs V. Under English law, D:
- AHas a complete defence of intoxication
- BCannot rely on a drunken mistaken belief in self-defence
- CIs automatically guilty of murder
- DCan always rely on any honest belief, however it arose, in self-defence
7.Hard
Gross negligence manslaughter in English law (R v Adomako) requires:
- AAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
- BA duty of care, breach causing death, and negligence so bad that it should be criminal
- CIntention to kill
- DSubjective recklessness about death
8.Hard
In Tesco Supermarkets v Nattrass (1972), Tesco avoided liability because:
- ACompanies can never commit offences that require proof of any mental element
- BThe store manager was not part of the company's "directing mind and will"
- CThe customer had not paid for the goods
- DThe offence was a strict liability offence
Answer key
- 1. B · Insanity
- 2. D · Arson
- 3. D · Knew or believed the goods to be stolen
- 4. D · Nothing as attempted robbery yet, because D has not gone beyond preparation
- 5. A · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
- 6. B · Cannot rely on a drunken mistaken belief in self-defence
- 7. B · A duty of care, breach causing death, and negligence so bad that it should be criminal
- 8. B · The store manager was not part of the company's "directing mind and will"
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