1.Easy
Burglary in English law (section 9 Theft Act 1968) requires that the defendant entered a building or part of a building:
- AAt night time
- BWhile armed
- CAs a trespasser
- DBy breaking a lock
2.Easy
In criminal cases, the prosecution must usually prove guilt:
- ABeyond reasonable doubt
- BOn the balance of probabilities
- CWith at least three witnesses
- DWith a confession
3.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- AThe judge, on the medical evidence alone
- BThe defendant, on the balance of probabilities
- CNobody, as the jury decides freely
- DThe prosecution, beyond reasonable doubt
4.Medium
Causation in criminal law requires that the defendant's act was:
- AIntended to cause the result in every case
- BMorally wrong
- CThe only cause of the result
- DA factual and legal cause of the result
5.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
6.Medium
Duress as a defence is generally NOT available in English law to a charge of:
- ATheft
- BDrug possession
- CCriminal damage
- DMurder
7.Hard
The Gammon (Hong Kong) v Attorney-General (1985) criteria are used to decide whether:
- AAn appeal should go to the Supreme Court
- BA defendant was acting under duress
- CAn omission can lead to criminal liability
- DThe presumption of mens rea is displaced, making an offence strict liability
8.Hard
In the Dutch "Opticien" judgment (Hoge Raad, 1923), an optician sold glasses after closing time to a man who had broken his. The court recognised:
- AAn official order (ambtelijk bevel) as a justification under Article 43 Sr
- BNecessity (noodtoestand) as a form of overmacht under Article 40 Sr
- CMental disorder as an excuse under Article 39 Sr
- DSelf-defence of property under Article 41 Sr
Answer key
- 1. C · As a trespasser
- 2. A · Beyond reasonable doubt
- 3. B · The defendant, on the balance of probabilities
- 4. D · A factual and legal cause of the result
- 5. B · Duress of circumstances
- 6. D · Murder
- 7. D · The presumption of mens rea is displaced, making an offence strict liability
- 8. B · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
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