1.Easy
The presumption of innocence means:
- AThe accused must prove their innocence beyond reasonable doubt
- BThe accused is treated as innocent until proven guilty
- CJudges cannot convict anyone
- DEveryone arrested is guilty
2.Easy
An attempt to commit a crime means:
- APlanning a crime in detail and buying the equipment needed later to commit it
- BTalking to a friend about a crime
- CCommitting the full offence
- DDoing more than merely preparatory acts with intent to commit the offence
3.Easy
Which Act created the offences of fraud by false representation, failing to disclose information and abuse of position?
- AThe Theft Act 1978
- BThe Criminal Justice Act 1988
- CThe Fraud Act 2006
- DThe Serious Crime Act 2007
4.Medium
D buys a substance believing it is heroin and intends to sell it on. In fact it is harmless powder. Following R v Shivpuri, D is:
- ANot guilty, because the substance was harmless
- BGuilty of the full offence of dealing drugs
- CGuilty of attempt, as impossibility is no defence under the 1981 Act
- DNot guilty, because attempting the impossible is no offence under the 1981 Act
5.Medium
D throws a glass of beer over V intending only to wet her; the glass slips and cuts V. Following R v Savage, D's liability under section 47 OAPA requires:
- AIntention to cause actual bodily harm
- BForesight that at least some actual bodily harm would result from the assault
- COnly the mens rea of assault or battery, with no foresight of harm needed
- DForesight that grievous bodily harm would be caused
6.Medium
D drives on the pavement to escape a man who is threatening to kill him. The most suitable defence is:
- ALoss of control
- BDuress of circumstances
- CConsent
- DDiminished responsibility
7.Hard
In R v Gullefer (1990), D ran onto a greyhound track to get the race declared void and recover his bet. The Court of Appeal held:
- AHe was guilty of attempted theft, as running onto the track was more than preparatory
- BAttempt requires the last act before the crime
- CImpossibility gave him a complete defence
- DHis acts were merely preparatory, as he had not embarked on the "crime proper"
8.Hard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
- AForce majeure as a written justification
- BThe legality principle as part of the Constitution
- CConditional intent as a form of intention
- DAbsence of all blame (AVAS) as an unwritten excuse
Answer key
- 1. B · The accused is treated as innocent until proven guilty
- 2. D · Doing more than merely preparatory acts with intent to commit the offence
- 3. C · The Fraud Act 2006
- 4. C · Guilty of attempt, as impossibility is no defence under the 1981 Act
- 5. C · Only the mens rea of assault or battery, with no foresight of harm needed
- 6. B · Duress of circumstances
- 7. D · His acts were merely preparatory, as he had not embarked on the "crime proper"
- 8. D · Absence of all blame (AVAS) as an unwritten excuse
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