1.Easy
In English law, theft is defined in section 1 of the Theft Act 1968 as:
- ADishonestly taking property belonging to another without consent, with intention to use it and later return it
- BDishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- CUsing force to obtain property belonging to another person
- DBorrowing property from another person without asking first
2.Easy
In English law, a common assault (in the narrow sense) is committed when the defendant:
- ADamages the victim's property
- BCauses the victim to apprehend immediate unlawful force
- CActually applies unlawful force to the victim's body, however slight
- DCauses the victim serious bodily harm
3.Easy
Necessity was rejected as a defence to murder in the famous shipwreck case of:
- AR v Miller
- BR v Brown
- CR v Collins
- DR v Dudley and Stephens
4.Medium
D gets drunk voluntarily, mistakenly believes he is being attacked and stabs V. Under English law, D:
- ACan always rely on any honest belief, however it arose, in self-defence
- BCannot rely on a drunken mistaken belief in self-defence
- CHas a complete defence of intoxication
- DIs automatically guilty of murder
5.Medium
Duress as a defence is generally NOT available in English law to a charge of:
- ACriminal damage
- BTheft
- CMurder
- DDrug possession
6.Medium
For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:
- AThat serious harm would certainly result
- BThat the victim would die
- CThat some physical harm might result
- DNothing, because it is strict liability
7.Hard
In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:
- AIntending the harm or foreseeing the risk of it and taking it anyway
- BFailing to notice a risk an ordinary person would see
- CActing with wickedness or ill will towards the victim, as in ordinary usage
- DActing in a way that is against the law
8.Hard
In R v Stone and Dobinson (1977), a duty to act arose because the defendants had:
- ACreated the dangerous situation themselves by assaulting the victim earlier
- BA contract to look after the victim for money
- CA public office that required them to protect the victim
- DVoluntarily assumed the care of a relative who could not care for herself
Answer key
- 1. B · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 2. B · Causes the victim to apprehend immediate unlawful force
- 3. D · R v Dudley and Stephens
- 4. B · Cannot rely on a drunken mistaken belief in self-defence
- 5. C · Murder
- 6. C · That some physical harm might result
- 7. A · Intending the harm or foreseeing the risk of it and taking it anyway
- 8. D · Voluntarily assumed the care of a relative who could not care for herself
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