1.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- AAggravated theft
- BAffray
- CBurglary
- DArson
2.Easy
Which is the difference between theft and robbery in English law?
- ARobbery involves only cars
- BTheft is always more serious than robbery
- CRobbery does not require taking property
- DRobbery is theft accompanied by force or the threat of force
3.Easy
Handling stolen goods (section 22 Theft Act 1968) requires that the defendant:
- AKnew or believed the goods to be stolen
- BStole the goods personally
- CKept the goods for over a month
- DSold the goods for profit
4.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
5.Medium
Strict liability offences are offences where:
- AThe defendant must confess
- BLiability arises only if the defendant was negligent as to every element
- CNo mens rea is required for at least one element of the actus reus
- DOnly intentional acts count
6.Medium
In English law, the mens rea of murder is:
- AIntention to kill or to cause grievous bodily harm
- BSubjective recklessness as to causing death or serious harm
- CIntention to frighten the victim
- DNegligence in causing death
7.Hard
Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation is guilty if the way its activities are managed causes death and amounts to a gross breach of a duty of care, and:
- AThe organisation intended to cause death
- BThe victim was an employee of the organisation
- CThe way senior management organised the activities was a substantial element of the breach
- DA single identified director is first personally convicted of gross negligence manslaughter
8.Hard
In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:
- AThe defendants were guilty only of attempted murder
- BThe victim's death was not caused by the defendants
- CThe series of acts formed one transaction, so actus reus and mens rea coincided
- DThere was no murder because the mens rea existed only before the act that actually caused death
Answer key
- 1. D · Arson
- 2. D · Robbery is theft accompanied by force or the threat of force
- 3. A · Knew or believed the goods to be stolen
- 4. D · A battery, because the act was continuing when the mens rea arose
- 5. C · No mens rea is required for at least one element of the actus reus
- 6. A · Intention to kill or to cause grievous bodily harm
- 7. C · The way senior management organised the activities was a substantial element of the breach
- 8. C · The series of acts formed one transaction, so actus reus and mens rea coincided
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