1.Easy
Mens rea refers to:
- AThe mental element of a crime
- BThe victim's state of mind
- CThe physical act of a crime
- DThe punishment for a crime
2.Easy
In Dutch criminal law, what distinguishes "moord" (Article 289 Sr) from "doodslag" (Article 287 Sr)?
- AMoord requires premeditation (voorbedachte raad)
- BMoord requires the use of a weapon
- CMoord can only be committed against a police officer
- DMoord requires more than one victim
3.Easy
Which is the difference between theft and robbery in English law?
- ARobbery involves only cars
- BRobbery does not require taking property
- CTheft is always more serious than robbery
- DRobbery is theft accompanied by force or the threat of force
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:
- AMurder, as the act was likely to kill
- BGross negligence manslaughter only
- CNo offence, as D did not subjectively foresee any risk of harm to anyone at all
- DUnlawful act manslaughter, as the act was unlawful and objectively dangerous
5.Medium
Duress as a defence is generally NOT available in English law to a charge of:
- ATheft
- BCriminal damage
- CDrug possession
- DMurder
6.Medium
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
- AWas present at the scene by chance
- BMerely foresaw as a real possibility that the principal might commit the crime
- CIntended to assist or encourage the principal to commit the crime
- DWas related to the principal
7.Hard
In R v Walkington (1979), D went behind a shop counter and opened a till. This was burglary because:
- AEntering a part of a building as a trespasser is enough
- BThe till contained money at the time
- CD was carrying a weapon at the time
- DShops are treated as dwellings in law
8.Hard
In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:
- AActing in a way that is against the law
- BActing with wickedness or ill will towards the victim, as in ordinary usage
- CIntending the harm or foreseeing the risk of it and taking it anyway
- DFailing to notice a risk an ordinary person would see
Answer key
- 1. A · The mental element of a crime
- 2. A · Moord requires premeditation (voorbedachte raad)
- 3. D · Robbery is theft accompanied by force or the threat of force
- 4. D · Unlawful act manslaughter, as the act was unlawful and objectively dangerous
- 5. D · Murder
- 6. C · Intended to assist or encourage the principal to commit the crime
- 7. A · Entering a part of a building as a trespasser is enough
- 8. C · Intending the harm or foreseeing the risk of it and taking it anyway
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