1.Easy
In English law, theft is defined in section 1 of the Theft Act 1968 as:
- ABorrowing property from another person without asking first
- BUsing force to obtain property belonging to another person
- CDishonestly taking property belonging to another without consent, with intention to use it and later return it
- DDishonestly appropriating property belonging to another with intention to permanently deprive the other of it
2.Easy
Which statute contains the main non-fatal offences against the person in England and Wales (ABH, wounding, GBH)?
- AThe Criminal Damage Act 1971
- BThe Homicide Act 1957
- CThe Offences Against the Person Act 1861
- DThe Theft Act 1968
3.Easy
In English law, "voluntary manslaughter" refers to:
- AA killing caused by gross negligence at work
- BA killing caused by an unlawful and dangerous act, without intent to kill
- CA killing with the mens rea for murder where a partial defence applies
- DA killing that the victim consented to in advance
4.Medium
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
- AIntended to assist or encourage the principal to commit the crime
- BMerely foresaw as a real possibility that the principal might commit the crime
- CWas related to the principal
- DWas present at the scene by chance
5.Medium
For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:
- AThat the victim would die
- BThat serious harm would certainly result
- CNothing, because it is strict liability
- DThat some physical harm might result
6.Medium
Two adult friends agree to a fist fight in the street, and one breaks the other's nose. Following A-G's Reference (No 6 of 1980), consent is:
- ARelevant only to the sentence and never to guilt
- BNo defence, because a street fight causing actual bodily harm is not in the public interest
- CA full defence, because both adults freely agreed to the fight and accepted the risk of injury
- DA defence only if the fight was planned in advance
7.Hard
In R v Larsonneur (1933), a French woman was convicted of being an illegal alien in the UK after being brought there by police against her will. The case illustrates:
- AThe requirement of a duty for omissions
- BTransferred malice from the police to the defendant
- CA state of affairs offence where liability arose without a voluntary act
- DThe defence of duress of circumstances excusing an involuntary immigration offence
8.Hard
In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:
- AParental consent is a defence to homicide
- BNecessity can, in very exceptional circumstances, justify an act that causes death
- CNecessity is a general defence to murder whenever more lives would be saved than lost
- DDoctors can never be liable for murder
Answer key
- 1. D · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 2. C · The Offences Against the Person Act 1861
- 3. C · A killing with the mens rea for murder where a partial defence applies
- 4. A · Intended to assist or encourage the principal to commit the crime
- 5. D · That some physical harm might result
- 6. B · No defence, because a street fight causing actual bodily harm is not in the public interest
- 7. C · A state of affairs offence where liability arose without a voluntary act
- 8. B · Necessity can, in very exceptional circumstances, justify an act that causes death
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