1.Easy
In Dutch criminal law, what distinguishes "moord" (Article 289 Sr) from "doodslag" (Article 287 Sr)?
- AMoord can only be committed against a police officer
- BMoord requires more than one victim
- CMoord requires the use of a weapon
- DMoord requires premeditation (voorbedachte raad)
2.Easy
Which two elements usually make up a criminal offence?
- AOffer and acceptance
- BMotive and opportunity
- CDuty and breach
- DActus reus and mens rea
3.Easy
Burglary in English law (section 9 Theft Act 1968) requires that the defendant entered a building or part of a building:
- AWhile armed
- BBy breaking a lock
- CAs a trespasser
- DAt night time
4.Medium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- ANon-insane automatism, because an external factor caused the episode
- BDiminished responsibility, because harm was caused
- CInsanity, because diabetes is a disease affecting the functioning of the mind
- DDuress of circumstances, because D was ill
5.Medium
Duress as a defence is generally NOT available in English law to a charge of:
- ADrug possession
- BTheft
- CCriminal damage
- DMurder
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:
- ANot liable, because the law imposes no duty to act to protect property
- BLiable, because D created a dangerous situation and failed to act
- CNot liable, because the fire started by accident
- DLiable only if D intended to start the fire initially
7.Hard
The Gammon (Hong Kong) v Attorney-General (1985) criteria are used to decide whether:
- AThe presumption of mens rea is displaced, making an offence strict liability
- BAn appeal should go to the Supreme Court
- CAn omission can lead to criminal liability
- DA defendant was acting under duress
8.Hard
In R v Stone and Dobinson (1977), a duty to act arose because the defendants had:
- ACreated the dangerous situation themselves by assaulting the victim earlier
- BA contract to look after the victim for money
- CA public office that required them to protect the victim
- DVoluntarily assumed the care of a relative who could not care for herself
Answer key
- 1. D · Moord requires premeditation (voorbedachte raad)
- 2. D · Actus reus and mens rea
- 3. C · As a trespasser
- 4. A · Non-insane automatism, because an external factor caused the episode
- 5. D · Murder
- 6. B · Liable, because D created a dangerous situation and failed to act
- 7. A · The presumption of mens rea is displaced, making an offence strict liability
- 8. D · Voluntarily assumed the care of a relative who could not care for herself
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