1.Easy
In Dutch criminal law, what distinguishes "moord" (Article 289 Sr) from "doodslag" (Article 287 Sr)?
- AMoord requires the use of a weapon
- BMoord can only be committed against a police officer
- CMoord requires premeditation (voorbedachte raad)
- DMoord requires more than one victim
2.Easy
Diminished responsibility is a partial defence available only to a charge of:
- ATheft
- BMurder
- CRape
- DRobbery
3.Easy
In English law, a "wound" for section 20 OAPA 1861 requires:
- AA break in both layers of the skin
- BA broken bone
- CAny visible bruise on the body
- DLoss of consciousness
4.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
- BRobbery, because the intention was proved
- CBurglary, because D intended to enter the building
- DNothing as attempted robbery yet, because D has not gone beyond preparation
5.Medium
In English law, the test for dishonesty in theft is now set out in:
- AR v Cunningham
- BR v Ghosh
- CIvey v Genting Casinos
- DDonoghue v Stevenson
6.Medium
During a burglary, D has handed a knife to an accomplice. When someone arrives, D says "come on, let's go" and climbs out; the accomplice stabs the person. Following R v Becerra, D's withdrawal is:
- AEffective, because any words of withdrawal are always enough
- BIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
- CEffective, because D left before the crime was completed
- DNot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
7.Hard
Gross negligence manslaughter in English law (R v Adomako) requires:
- AAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
- BIntention to kill
- CA duty of care, breach causing death, and negligence so bad that it should be criminal
- DSubjective recklessness about death
8.Hard
In R v Lloyd (1985), a cinema employee lent films to be copied and returned them within hours. The court held there was no theft because:
- AThe films were returned with their "goodness or virtue" not wholly exhausted
- BThe employee had the cinema's permission to borrow the films for a short time
- CCopying films was not illegal at the time
- DFilms are intangible property that cannot be stolen
Answer key
- 1. C · Moord requires premeditation (voorbedachte raad)
- 2. B · Murder
- 3. A · A break in both layers of the skin
- 4. D · Nothing as attempted robbery yet, because D has not gone beyond preparation
- 5. C · Ivey v Genting Casinos
- 6. D · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- 7. C · A duty of care, breach causing death, and negligence so bad that it should be criminal
- 8. A · The films were returned with their "goodness or virtue" not wholly exhausted
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