1.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- AThe judge, on the medical evidence alone
- BThe prosecution, beyond reasonable doubt
- CNobody, as the jury decides freely
- DThe defendant, on the balance of probabilities
2.Easy
The defence of duress requires a threat of:
- ADamage to one's property
- BPublic embarrassment
- CDeath or serious injury
- DLosing one's job
3.Easy
The principle "nullum crimen sine lege" means that:
- ALaws apply retroactively
- BJudges can create new crimes freely
- CAll crimes are punished with prison
- DThere is no crime without a law defining it beforehand
4.Medium
D puts poison in V's drink intending to kill her, but V dies of an unrelated heart attack before the poison works. D is guilty of:
- AMurder
- BAttempted murder
- CManslaughter
- DNo offence at all
5.Medium
Involuntary intoxication can be a defence when:
- AThe offence is a strict liability offence
- BThe defendant chose to drink heavily
- CIt meant the defendant lacked the required mens rea
- DThe defendant was less inhibited but still formed intent
6.Medium
A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:
- ABeing the only person who saw the child
- BA special relationship with the child's parents
- CHaving created the dangerous situation
- DA contractual duty to act
7.Hard
In R v Evans (2009), D supplied heroin to her half-sister, who overdosed. D failed to seek help. The Court of Appeal held:
- AD was guilty of murder, because she supplied the drug
- BNo duty arose, because sisters owe each other no duties
- CD was liable because family members always owe each other a duty to seek medical help
- DA duty arose because D had contributed to a life-threatening situation she knew of
8.Hard
The Gammon (Hong Kong) v Attorney-General (1985) criteria are used to decide whether:
- AAn appeal should go to the Supreme Court
- BAn omission can lead to criminal liability
- CThe presumption of mens rea is displaced, making an offence strict liability
- DA defendant was acting under duress
Answer key
- 1. D · The defendant, on the balance of probabilities
- 2. C · Death or serious injury
- 3. D · There is no crime without a law defining it beforehand
- 4. B · Attempted murder
- 5. C · It meant the defendant lacked the required mens rea
- 6. D · A contractual duty to act
- 7. D · A duty arose because D had contributed to a life-threatening situation she knew of
- 8. C · The presumption of mens rea is displaced, making an offence strict liability
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