1.Easy
Which Act provides the statutory framework for reasonable force in self-defence and householder cases in England and Wales?
- AThe Human Rights Act 1998
- BThe Police and Criminal Evidence Act 1984
- CThe Sexual Offences Act 2003
- DThe Criminal Justice and Immigration Act 2008
2.Easy
An omission (failure to act) can lead to criminal liability when:
- AThe defendant had a legal duty to act
- BNever, in any legal system
- CThe defendant was asleep
- DAny person failed to help a stranger
3.Easy
Unlawful act manslaughter is a form of:
- AInvoluntary manslaughter
- BVoluntary manslaughter
- CDiminished responsibility
- DAttempted murder
4.Medium
D throws a paving stone off a bridge onto a train, killing the guard. D did not think anyone would be hurt. Following DPP v Newbury and Jones, D is guilty of:
- AUnlawful act manslaughter, as the act was unlawful and objectively dangerous
- BNo offence, as D did not subjectively foresee any risk of harm to anyone at all
- CGross negligence manslaughter only
- DMurder, as the act was likely to kill
5.Medium
For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:
- AThat some physical harm might result
- BThat serious harm would certainly result
- CNothing, because it is strict liability
- DThat the victim would die
6.Medium
D makes repeated silent phone calls to V, causing her psychiatric illness. Following R v Ireland, D can be guilty of:
- AOnly harassment, because no force was used
- BAn assault, as silent calls can cause apprehension of immediate force
- CNo offence, because words or silence can never amount to an assault in law
- DOnly a civil wrong, because no physical harm occurred
7.Hard
In R v Hinks (2000), the House of Lords held that:
- AReceiving a valid gift can be an appropriation, so it can be theft if dishonest
- BA valid gift can never be theft because full ownership passes to the recipient at once
- COnly shop thefts involve appropriation
- DCivil law always decides criminal liability for theft
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:
- AForesight of a high probability of death or serious injury is conclusive proof of intention as a matter of law
- BThe miners intended to kill because death was their aim
- 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. D · The Criminal Justice and Immigration Act 2008
- 2. A · The defendant had a legal duty to act
- 3. A · Involuntary manslaughter
- 4. A · Unlawful act manslaughter, as the act was unlawful and objectively dangerous
- 5. A · That some physical harm might result
- 6. B · An assault, as silent calls can cause apprehension of immediate force
- 7. A · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
- 8. C · Foresight of a high probability is evidence from which intention may be inferred, but is not intention itself
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