1.Easy
An attempt to commit a crime means:
- ACommitting the full offence
- BTalking to a friend about a crime
- CDoing more than merely preparatory acts with intent to commit the offence
- DPlanning a crime in detail and buying the equipment needed later to commit it
2.Easy
The presumption of innocence means:
- AThe accused is treated as innocent until proven guilty
- BEveryone arrested is guilty
- CThe accused must prove their innocence beyond reasonable doubt
- DJudges cannot convict anyone
3.Easy
A defendant who did not know what they were doing because of a severe mental disease may rely on:
- AInsanity
- BDuress
- CNecessity
- DProvocation
4.Medium
For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:
- ANothing, because it is strict liability
- BThat the victim would die
- CThat serious harm would certainly result
- DThat some physical harm might result
5.Medium
D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:
- AMust prove the belief on the balance of probabilities
- BIs liable, because the mistaken belief was not based on reasonable grounds
- CIs judged on the facts as D honestly believed them to be
- DIs liable, because the mistake was about the facts
6.Medium
"Dolus eventualis" (voorwaardelijk opzet) in Dutch criminal law means the defendant:
- ADid not foresee the consequence at all
- BActed entirely by accident
- CKnowingly accepted the considerable chance that the consequence would occur
- DWanted the consequence as their main goal and acted in order to bring it about
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
- BA defendant was acting under duress
- CAn appeal should go to the Supreme Court
- DAn omission can lead to criminal liability
8.Hard
In R v Stone and Dobinson (1977), a duty to act arose because the defendants had:
- AA contract to look after the victim for money
- BCreated the dangerous situation themselves by assaulting the victim earlier
- 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. C · Doing more than merely preparatory acts with intent to commit the offence
- 2. A · The accused is treated as innocent until proven guilty
- 3. A · Insanity
- 4. D · That some physical harm might result
- 5. C · Is judged on the facts as D honestly believed them to be
- 6. C · Knowingly accepted the considerable chance that the consequence would occur
- 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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