1.Easy
The defence of duress requires a threat of:
- ADamage to one's property
- BDeath or serious injury
- CLosing one's job
- DPublic embarrassment
2.Easy
The principle "nullum crimen sine lege" means that:
- AJudges can create new crimes freely
- BThere is no crime without a law defining it beforehand
- CLaws apply retroactively
- DAll crimes are punished with prison
3.Easy
Which of these is a "specific intent" offence in English law for the purposes of intoxication?
- AMurder
- BManslaughter
- CBattery
- DAssault occasioning actual bodily harm
4.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 law imposes no duty to act to protect property
- DNot liable, because the fire started by accident
5.Medium
D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:
- AShe returned it the next morning
- BThe car was insured by V
- CCars cannot be stolen under the Theft Act
- DShe is not dishonest and lacks intent to deprive another
6.Medium
During a burglary, D has handed a knife to an accomplice. When someone arrives, D says "come on, let's go" and climbs out; the accomplice stabs the person. Following R v Becerra, D's withdrawal is:
- AEffective, because any words of withdrawal are always enough
- BIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
- CNot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- DEffective, because D left before the crime was completed
7.Hard
Conspiracy in English law requires:
- AAt least one of the conspirators to have carried out an overt act towards committing the agreed crime
- BA written plan
- CAn agreement between two or more people to commit a crime, with intent that it be carried out
- DThe crime to be actually committed
8.Hard
Why is the principle of "lex certa" important in criminal law?
- ALaws must be certain to be enforced, so the police have no discretion in applying them
- BJudges must be certain before sentencing
- COnly certain crimes can be prosecuted
- DCriminal laws must be clear enough for people to foresee what is punishable
Answer key
- 1. B · Death or serious injury
- 2. B · There is no crime without a law defining it beforehand
- 3. A · Murder
- 4. A · Liable, because D created a dangerous situation and failed to act
- 5. D · She is not dishonest and lacks intent to deprive another
- 6. C · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- 7. C · An agreement between two or more people to commit a crime, with intent that it be carried out
- 8. D · Criminal laws must be clear enough for people to foresee what is punishable
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