1.Easy
What is the age of criminal responsibility in England and Wales?
- A10
- B12
- C16
- D14
2.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- AThe defendant, on the balance of probabilities
- BNobody, as the jury decides freely
- CThe judge, on the medical evidence alone
- DThe prosecution, beyond reasonable doubt
3.Easy
In English law, a common assault (in the narrow sense) is committed when the defendant:
- ACauses the victim serious bodily harm
- BDamages the victim's property
- CCauses the victim to apprehend immediate unlawful force
- DActually applies unlawful force to the victim's body, however slight
4.Medium
D points a gun at his friend as a joke, both believing it will not fire. It fires and kills the friend. Following R v Lamb, there was no unlawful act manslaughter because:
- AJokes cannot be criminal under English law
- BThe gun belonged to the friend
- CThere was no assault, since the friend did not apprehend any force
- DThe death was caused by the gun malfunctioning, not by any act of D's
5.Medium
D knocks over a candle by accident, sees a fire start, and walks away without doing anything. The house burns down. D is most likely:
- ANot liable, because the fire started by accident
- BLiable only if D intended to start the fire initially
- CLiable, because D created a dangerous situation and failed to act
- DNot liable, because the law imposes no duty to act to protect property
6.Medium
In English law, the mens rea of murder is:
- ASubjective recklessness as to causing death or serious harm
- BIntention to frighten the victim
- CNegligence in causing death
- DIntention to kill or to cause grievous bodily harm
7.Hard
Under the "transferred malice" doctrine, if A aims a blow at B but hits C:
- AA cannot be liable for harm to C because A had no mens rea at all in relation to C
- BB becomes liable for the harm to C
- CA's intention towards B is transferred, so A can be liable for the harm to C
- DA is only liable for attempted harm to C
8.Hard
In the Dutch "Opticien" judgment (Hoge Raad, 1923), an optician sold glasses after closing time to a man who had broken his. The court recognised:
- ASelf-defence of property under Article 41 Sr
- BAn official order (ambtelijk bevel) as a justification under Article 43 Sr
- CNecessity (noodtoestand) as a form of overmacht under Article 40 Sr
- DMental disorder as an excuse under Article 39 Sr
Answer key
- 1. A · 10
- 2. A · The defendant, on the balance of probabilities
- 3. C · Causes the victim to apprehend immediate unlawful force
- 4. C · There was no assault, since the friend did not apprehend any force
- 5. C · Liable, because D created a dangerous situation and failed to act
- 6. D · Intention to kill or to cause grievous bodily harm
- 7. C · A's intention towards B is transferred, so A can be liable for the harm to C
- 8. C · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
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