1.Easy
In English law, a battery is:
- AThe intentional or reckless application of unlawful force to another
- BCausing another to apprehend the immediate application of unlawful force
- CAny rude remark made in public
- DCausing serious injury with a weapon
2.Easy
In English law, theft is defined in section 1 of the Theft Act 1968 as:
- ADishonestly taking property belonging to another without consent, with intention to use it and later return it
- BBorrowing property from another person without asking first
- CDishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- DUsing force to obtain property belonging to another person
3.Easy
Self-defence is generally a defence when the force used is:
- AAs strong as possible
- BNecessary and reasonable in the circumstances
- CUsed after the threat has ended
- DPlanned in advance as revenge
4.Medium
Duress as a defence is generally NOT available in English law to a charge of:
- ATheft
- BMurder
- CCriminal damage
- DDrug possession
5.Medium
D points a gun at his friend as a joke, both believing it will not fire. It fires and kills the friend. Following R v Lamb, there was no unlawful act manslaughter because:
- AJokes cannot be criminal under English law
- BThe death was caused by the gun malfunctioning, not by any act of D's
- CThere was no assault, since the friend did not apprehend any force
- DThe gun belonged to the friend
6.Medium
D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:
- ANot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
- BNot liable, because V's death was not foreseeable to D
- CLiable only if the police officers are also convicted
- DLiable, because the police acted reasonably in self-defence and did not break the chain of causation
7.Hard
In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:
- ABroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated
- BMakes the doctors liable for murder
- CDid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
- DAlways breaks the chain of causation
8.Hard
In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:
- AThe victim's death was not caused by the defendants
- BThe series of acts formed one transaction, so actus reus and mens rea coincided
- CThere was no murder because the mens rea existed only before the act that actually caused death
- DThe defendants were guilty only of attempted murder
Answer key
- 1. A · The intentional or reckless application of unlawful force to another
- 2. C · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 3. B · Necessary and reasonable in the circumstances
- 4. B · Murder
- 5. C · There was no assault, since the friend did not apprehend any force
- 6. D · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
- 7. C · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
- 8. B · The series of acts formed one transaction, so actus reus and mens rea coincided
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