1.Easy
In Dutch criminal law, what distinguishes "moord" (Article 289 Sr) from "doodslag" (Article 287 Sr)?
- AMoord requires premeditation (voorbedachte raad)
- BMoord can only be committed against a police officer
- CMoord requires the use of a weapon
- DMoord requires more than one victim
2.Easy
Necessity was rejected as a defence to murder in the famous shipwreck case of:
- AR v Miller
- BR v Collins
- CR v Brown
- DR v Dudley and Stephens
3.Easy
Under section 4 of the Theft Act 1968, which of these cannot normally be stolen?
- AMoney
- BLand
- CA bank balance
- DA bicycle
4.Medium
D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:
- AGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
- BNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
- CGuilty of manslaughter, because V's choice is irrelevant
- DGuilty of manslaughter, because supply always causes the death
5.Medium
D takes his own car from a garage without paying for repairs. Following R v Turner (No 2), D can be guilty of theft because:
- AThe car was worth more after the repairs
- BProperty belongs to anyone who has possession or control of it
- COwners who take back their own property are always acting dishonestly
- DD intended to return the car later
6.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
- BShe is not dishonest and lacks intent to deprive another
- CCars cannot be stolen under the Theft Act
- DThe car was insured by V
7.Hard
Under the loss of control defence (Coroners and Justice Act 2009), the defence is NOT available if:
- AThe defendant had been drinking that day
- BThe loss of control was not sudden
- CThe defendant acted in a considered desire for revenge
- DThe victim was a family member
8.Hard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
- AForce majeure as a written justification
- BAbsence of all blame (AVAS) as an unwritten excuse
- CThe legality principle as part of the Constitution
- DConditional intent as a form of intention
Answer key
- 1. A · Moord requires premeditation (voorbedachte raad)
- 2. D · R v Dudley and Stephens
- 3. B · Land
- 4. B · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
- 5. B · Property belongs to anyone who has possession or control of it
- 6. B · She is not dishonest and lacks intent to deprive another
- 7. C · The defendant acted in a considered desire for revenge
- 8. B · Absence of all blame (AVAS) as an unwritten excuse
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