1.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- AThe prosecution, beyond reasonable doubt
- BNobody, as the jury decides freely
- CThe judge, on the medical evidence alone
- DThe defendant, on the balance of probabilities
2.Easy
In English law, theft is defined in section 1 of the Theft Act 1968 as:
- ADishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- BBorrowing property from another person without asking first
- CUsing force to obtain property belonging to another person
- DDishonestly taking property belonging to another without consent, with intention to use it and later return it
3.Easy
Which sentence must a court impose on an adult convicted of murder in England and Wales?
- AA fixed term of 10 years
- BA suspended sentence
- CA community order
- DLife imprisonment
4.Medium
D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:
- AShe is not dishonest and lacks intent to deprive another
- BThe car was insured by V
- CCars cannot be stolen under the Theft Act
- DShe returned it the next morning
5.Medium
D, carrying an imitation gun and a threatening note, walks towards a post office to rob it but is arrested outside before entering. Under the Criminal Attempts Act 1981, D is most likely guilty of:
- AAttempted robbery, because D was carrying an imitation gun and a threatening note
- BBurglary, because D intended to enter the building
- CRobbery, because the intention was proved
- DNothing as attempted robbery yet, because D has not gone beyond preparation
6.Medium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- ANon-insane automatism, because sleep is natural
- BSelf-defence, because D was dreaming of an attack
- CInvoluntary intoxication, because D was not aware
- DInsanity, because sleepwalking was caused by an internal factor
7.Hard
In English law, the partial defence of loss of control reduces murder to:
- AVoluntary manslaughter
- BInvoluntary manslaughter
- CAn acquittal
- DGrievous bodily harm
8.Hard
Conspiracy in English law requires:
- AThe crime to be actually committed
- BAn agreement between two or more people to commit a crime, with intent that it be carried out
- CAt least one of the conspirators to have carried out an overt act towards committing the agreed crime
- DA written plan
Answer key
- 1. D · The defendant, on the balance of probabilities
- 2. A · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 3. D · Life imprisonment
- 4. A · She is not dishonest and lacks intent to deprive another
- 5. D · Nothing as attempted robbery yet, because D has not gone beyond preparation
- 6. D · Insanity, because sleepwalking was caused by an internal factor
- 7. A · Voluntary manslaughter
- 8. B · An agreement between two or more people to commit a crime, with intent that it be carried out
Full step-by-step solutions: practise this topic on examproblems.com.