1.Easy
In English law, a common assault (in the narrow sense) is committed when the defendant:
- ACauses the victim serious bodily harm
- BDamages the victim's property
- CCauses the victim to apprehend immediate unlawful force
- DActually applies unlawful force to the victim's body, however slight
2.Easy
The defence of duress requires a threat of:
- ALosing one's job
- BDamage to one's property
- CDeath or serious injury
- DPublic embarrassment
3.Easy
A defendant who did not know what they were doing because of a severe mental disease may rely on:
- ADuress
- BInsanity
- CNecessity
- DProvocation
4.Medium
D drives on the pavement to escape a man who is threatening to kill him. The most suitable defence is:
- ALoss of control
- BDiminished responsibility
- CConsent
- DDuress of circumstances
5.Medium
For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:
- ANothing, because it is strict liability
- BThat some physical harm might result
- CThat serious harm would certainly result
- DThat the victim would die
6.Medium
A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:
- AA contractual duty to act
- BHaving created the dangerous situation
- CA special relationship with the child's parents
- DBeing the only person who saw the child
7.Hard
Under the loss of control defence (Coroners and Justice Act 2009), the defence is NOT available if:
- AThe defendant had been drinking that day
- BThe loss of control was not sudden
- CThe victim was a family member
- DThe defendant acted in a considered desire for revenge
8.Hard
Under the "transferred malice" doctrine, if A aims a blow at B but hits C:
- AA is only liable for attempted harm to C
- BA's intention towards B is transferred, so A can be liable for the harm to C
- CA cannot be liable for harm to C because A had no mens rea at all in relation to C
- DB becomes liable for the harm to C
Answer key
- 1. C · Causes the victim to apprehend immediate unlawful force
- 2. C · Death or serious injury
- 3. B · Insanity
- 4. D · Duress of circumstances
- 5. B · That some physical harm might result
- 6. A · A contractual duty to act
- 7. D · The defendant acted in a considered desire for revenge
- 8. B · A's intention towards B is transferred, so A can be liable for the harm to C
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