1.Easy
A defendant who did not know what they were doing because of a severe mental disease may rely on:
- AInsanity
- BDuress
- CProvocation
- DNecessity
2.Easy
In Dutch criminal law, "noodweer" (Article 41(1) Sr) is:
- AA justification for necessary defence against an immediate unlawful attack
- BA form of preparation for committing a crime
- CA rule allowing police to stop and search people
- DAn excuse based on a strong emotional disturbance caused by an unlawful attack
3.Easy
Diminished responsibility is a partial defence available only to a charge of:
- AMurder
- BRape
- CRobbery
- DTheft
4.Medium
D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:
- AIs liable, because the mistake was about the facts
- BIs liable, because the mistaken belief was not based on reasonable grounds
- CIs judged on the facts as D honestly believed them to be
- DMust prove the belief on the balance of probabilities
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:
- ANo defence, because a street fight causing actual bodily harm is not in the public interest
- BA full defence, because both adults freely agreed to the fight and accepted the risk of injury
- CA defence only if the fight was planned in advance
- DRelevant only to the sentence and never to guilt
6.Medium
A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:
- AA contractual duty to act
- BA special relationship with the child's parents
- CBeing the only person who saw the child
- DHaving created the dangerous situation
7.Hard
In R v Sullivan (1984), D injured a friend during an epileptic seizure. The House of Lords held:
- AD was guilty because he knew he was epileptic
- BEpilepsy was a "disease of the mind" in law, so the defence was insanity
- CEpilepsy was an external factor, so the defence was automatism
- DOnly psychiatric illnesses can be diseases of the mind
8.Hard
Gross negligence manslaughter in English law (R v Adomako) requires:
- AA duty of care, breach causing death, and negligence so bad that it should be criminal
- BSubjective recklessness about death
- CIntention to kill
- DAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
Answer key
- 1. A · Insanity
- 2. A · A justification for necessary defence against an immediate unlawful attack
- 3. A · Murder
- 4. C · Is judged on the facts as D honestly believed them to be
- 5. A · No defence, because a street fight causing actual bodily harm is not in the public interest
- 6. A · A contractual duty to act
- 7. B · Epilepsy was a "disease of the mind" in law, so the defence was insanity
- 8. A · A duty of care, breach causing death, and negligence so bad that it should be criminal
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