1.Easy
In criminal cases, the prosecution must usually prove guilt:
- AWith a confession
- BOn the balance of probabilities
- CWith at least three witnesses
- DBeyond reasonable doubt
2.Easy
Burglary in English law (section 9 Theft Act 1968) requires that the defendant entered a building or part of a building:
- AAt night time
- BAs a trespasser
- CWhile armed
- DBy breaking a lock
3.Easy
Which is the difference between theft and robbery in English law?
- ARobbery is theft accompanied by force or the threat of force
- BTheft is always more serious than robbery
- CRobbery does not require taking property
- DRobbery involves only cars
4.Medium
Strict liability offences are offences where:
- AOnly intentional acts count
- BLiability arises only if the defendant was negligent as to every element
- CThe defendant must confess
- DNo mens rea is required for at least one element of the actus reus
5.Medium
D parks his car on a police officer's foot by accident, then refuses to move it once told. Under Fagan v MPC, this is:
- AA mere omission without any duty to act
- BNo offence, because the original act was accidental and mens rea arose only afterwards
- COnly criminal damage to the officer's shoe
- DA battery, because the act was continuing when the mens rea arose
6.Medium
D drives on the pavement to escape a man who is threatening to kill him. The most suitable defence is:
- ADiminished responsibility
- BConsent
- CLoss of control
- DDuress of circumstances
7.Hard
In R v Sullivan (1984), D injured a friend during an epileptic seizure. The House of Lords held:
- AOnly psychiatric illnesses can be diseases of the mind
- BD was guilty because he knew he was epileptic
- CEpilepsy was an external factor, so the defence was automatism
- DEpilepsy was a "disease of the mind" in law, so the defence was insanity
8.Hard
Which of these is NOT a qualifying trigger for the loss of control defence under section 55 of the Coroners and Justice Act 2009?
- AA fear of serious violence from the victim
- BSexual infidelity, considered on its own
- CThings said or done of an extremely grave character
- DA combination of fear of violence and grave provocation
Answer key
- 1. D · Beyond reasonable doubt
- 2. B · As a trespasser
- 3. A · Robbery is theft accompanied by force or the threat of force
- 4. D · No mens rea is required for at least one element of the actus reus
- 5. D · A battery, because the act was continuing when the mens rea arose
- 6. D · Duress of circumstances
- 7. D · Epilepsy was a "disease of the mind" in law, so the defence was insanity
- 8. B · Sexual infidelity, considered on its own
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