1.Easy
In English law, a battery is:
- ACausing another to apprehend the immediate application of unlawful force
- BAny rude remark made in public
- CCausing serious injury with a weapon
- DThe intentional or reckless application of unlawful force to another
2.Easy
Which statute contains the main non-fatal offences against the person in England and Wales (ABH, wounding, GBH)?
- AThe Offences Against the Person Act 1861
- BThe Homicide Act 1957
- CThe Theft Act 1968
- DThe Criminal Damage Act 1971
3.Easy
An omission (failure to act) can lead to criminal liability when:
- AAny person failed to help a stranger
- BThe defendant was asleep
- CThe defendant had a legal duty to act
- DNever, in any legal system
4.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
5.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:
- AA defence only if the fight was planned in advance
- BRelevant only to the sentence and never to guilt
- CA full defence, because both adults freely agreed to the fight and accepted the risk of injury
- DNo defence, because a street fight causing actual bodily harm is not in the public interest
6.Medium
D knocks over a candle by accident, sees a fire start, and walks away without doing anything. The house burns down. D is most likely:
- ALiable, because D created a dangerous situation and failed to act
- BLiable only if D intended to start the fire initially
- CNot liable, because the fire started by accident
- DNot liable, because the law imposes no duty to act to protect property
7.Hard
In R v Evans (2009), D supplied heroin to her half-sister, who overdosed. D failed to seek help. The Court of Appeal held:
- AD was guilty of murder, because she supplied the drug
- BD was liable because family members always owe each other a duty to seek medical help
- CA duty arose because D had contributed to a life-threatening situation she knew of
- DNo duty arose, because sisters owe each other no duties
8.Hard
Which principle comes from DPP v Majewski (1977)?
- AVoluntary intoxication is no defence to crimes of basic intent
- BInvoluntary intoxication is always a complete defence
- CIntoxication can never be considered by a jury
- DDrunkenness reduces murder to manslaughter in every case
Answer key
- 1. D · The intentional or reckless application of unlawful force to another
- 2. A · The Offences Against the Person Act 1861
- 3. C · The defendant had a legal duty to act
- 4. D · That some physical harm might result
- 5. D · No defence, because a street fight causing actual bodily harm is not in the public interest
- 6. A · Liable, because D created a dangerous situation and failed to act
- 7. C · A duty arose because D had contributed to a life-threatening situation she knew of
- 8. A · Voluntary intoxication is no defence to crimes of basic intent
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