1.Easy
In Dutch criminal law, "noodweer" (Article 41(1) Sr) is:
- AA justification for necessary defence against an immediate unlawful attack
- BAn excuse based on a strong emotional disturbance caused by an unlawful attack
- CA rule allowing police to stop and search people
- DA form of preparation for committing a crime
2.Easy
Automatism as a defence refers to:
- AActing without voluntary control over one's body
- BActing under threats from another person
- CActing under the influence of strong anger
- DActing in the belief that the act is lawful
3.Easy
Which sentence must a court impose on an adult convicted of murder in England and Wales?
- ALife imprisonment
- BA community order
- CA suspended sentence
- DA fixed term of 10 years
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:
- ANo offence, because the original act was accidental and mens rea arose only afterwards
- BOnly criminal damage to the officer's shoe
- CA mere omission without any duty to act
- DA battery, because the act was continuing when the mens rea arose
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:
- AA defence only if the fight was planned in advance
- BA full defence, because both adults freely agreed to the fight and accepted the risk of injury
- CNo defence, because a street fight causing actual bodily harm is not in the public interest
- DRelevant only to the sentence and never to guilt
6.Medium
D throws a paving stone off a bridge onto a train, killing the guard. D did not think anyone would be hurt. Following DPP v Newbury and Jones, D is guilty of:
- AMurder, as the act was likely to kill
- BUnlawful act manslaughter, as the act was unlawful and objectively dangerous
- CGross negligence manslaughter only
- DNo offence, as D did not subjectively foresee any risk of harm to anyone at all
7.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 victim's death was not caused by the defendants
- BThe series of acts formed one transaction, so actus reus and mens rea coincided
- CThere was no murder because the mens rea existed only before the act that actually caused death
- DThe defendants were guilty only of attempted murder
8.Hard
In R v Lloyd (1985), a cinema employee lent films to be copied and returned them within hours. The court held there was no theft because:
- ACopying films was not illegal at the time
- BThe films were returned with their "goodness or virtue" not wholly exhausted
- CFilms are intangible property that cannot be stolen
- DThe employee had the cinema's permission to borrow the films for a short time
Answer key
- 1. A · A justification for necessary defence against an immediate unlawful attack
- 2. A · Acting without voluntary control over one's body
- 3. A · Life imprisonment
- 4. D · A battery, because the act was continuing when the mens rea arose
- 5. C · No defence, because a street fight causing actual bodily harm is not in the public interest
- 6. B · Unlawful act manslaughter, as the act was unlawful and objectively dangerous
- 7. B · The series of acts formed one transaction, so actus reus and mens rea coincided
- 8. B · The films were returned with their "goodness or virtue" not wholly exhausted
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