1.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
2.Easy
Which two elements usually make up a criminal offence?
- ADuty and breach
- BOffer and acceptance
- CMotive and opportunity
- DActus reus and mens rea
3.Easy
Which is the difference between theft and robbery in English law?
- ARobbery involves only cars
- BTheft is always more serious than robbery
- CRobbery does not require taking property
- DRobbery is theft accompanied by force or the threat of force
4.Medium
D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:
- AMust prove the belief on the balance of probabilities
- BIs liable, because the mistake was about the facts
- CIs judged on the facts as D honestly believed them to be
- DIs liable, because the mistaken belief was not based on reasonable grounds
5.Medium
Gang members threaten D to make her rob a post office. D had joined the gang knowing it used violence. Following R v Hasan, D:
- ACan rely on duress because the threat was real, immediate and impossible for her to escape
- BCannot rely on duress because she voluntarily associated with violent criminals
- CCan rely on duress only if the robbery failed
- DCan rely on necessity instead of duress
6.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 returned it the next morning
- BThe car was insured by V
- CCars cannot be stolen under the Theft Act
- DShe is not dishonest and lacks intent to deprive another
7.Hard
In R v Sullivan (1984), D injured a friend during an epileptic seizure. The House of Lords held:
- AOnly psychiatric illnesses can be diseases of the mind
- BEpilepsy was a "disease of the mind" in law, so the defence was insanity
- CD was guilty because he knew he was epileptic
- DEpilepsy was an external factor, so the defence was automatism
8.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
- BActing in a way that is against the law
- CActing with wickedness or ill will towards the victim, as in ordinary usage
- DFailing to notice a risk an ordinary person would see
Answer key
- 1. D · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 2. D · Actus reus and mens rea
- 3. D · Robbery is theft accompanied by force or the threat of force
- 4. C · Is judged on the facts as D honestly believed them to be
- 5. B · Cannot rely on duress because she voluntarily associated with violent criminals
- 6. D · She is not dishonest and lacks intent to deprive another
- 7. B · Epilepsy was a "disease of the mind" in law, so the defence was insanity
- 8. A · Intending the harm or foreseeing the risk of it and taking it anyway
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