1.Easy
An "either-way" offence is one that:
- ACan lead either to prison or to a fine only
- BCan be committed either by act or by omission
- CCan be prosecuted either by the CPS or by the victim as a private prosecutor
- DCan be tried in either the magistrates' court or the Crown Court
2.Easy
In English law, theft is defined in section 1 of the Theft Act 1968 as:
- AUsing force to obtain property belonging to another person
- BBorrowing property from another person without asking first
- CDishonestly taking property belonging to another without consent, with intention to use it and later return it
- DDishonestly appropriating property belonging to another with intention to permanently deprive the other of it
3.Easy
An "inchoate offence" is:
- AAn offence committed by a child below the minimum age of criminal responsibility
- BAn offence that can only be tried in the magistrates' court
- CAn offence committed before the intended crime is completed, such as attempt
- DAn offence that requires no mental element at all
4.Medium
Oblique (indirect) intention in English law (R v Woollin) exists when:
- AThe defendant did not foresee any harm
- BDeath was a foreseeable consequence that a reasonable person would have appreciated
- CThe result was merely possible
- DDeath or serious harm was a virtual certainty and the defendant appreciated this
5.Medium
D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:
- ALiable only if the police officers are also convicted
- BNot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
- CLiable, because the police acted reasonably in self-defence and did not break the chain of causation
- DNot liable, because V's death was not foreseeable to D
6.Medium
Duress as a defence is generally NOT available in English law to a charge of:
- ATheft
- BMurder
- CDrug possession
- DCriminal damage
7.Hard
Which statement about "noodweerexces" (excessive self-defence) in Dutch law (Article 41(2) Sr) is correct?
- AIt applies only to police officers
- BThe excess is justified whenever the defender reasonably feared further attacks from the same person later
- CThe excess is excused if directly caused by a strong emotional disturbance resulting from the attack
- DAny excessive force is always justified
8.Hard
In R v Gullefer (1990), D ran onto a greyhound track to get the race declared void and recover his bet. The Court of Appeal held:
- AAttempt requires the last act before the crime
- BHis acts were merely preparatory, as he had not embarked on the "crime proper"
- CImpossibility gave him a complete defence
- DHe was guilty of attempted theft, as running onto the track was more than preparatory
Answer key
- 1. D · Can be tried in either the magistrates' court or the Crown Court
- 2. D · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 3. C · An offence committed before the intended crime is completed, such as attempt
- 4. D · Death or serious harm was a virtual certainty and the defendant appreciated this
- 5. C · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
- 6. B · Murder
- 7. C · The excess is excused if directly caused by a strong emotional disturbance resulting from the attack
- 8. B · His acts were merely preparatory, as he had not embarked on the "crime proper"
Full step-by-step solutions: practise this topic on examproblems.com.