1.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- AAffray
- BArson
- CAggravated theft
- DBurglary
2.Easy
Handling stolen goods (section 22 Theft Act 1968) requires that the defendant:
- AKept the goods for over a month
- BStole the goods personally
- CSold the goods for profit
- DKnew or believed the goods to be stolen
3.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
- BDishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- CDishonestly taking property belonging to another without consent, with intention to use it and later return it
- DBorrowing property from another person without asking first
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 death was caused by the gun malfunctioning, not by any act of D's
- CThe gun belonged to the friend
- DThere was no assault, since the friend did not apprehend any force
5.Medium
D makes repeated silent phone calls to V, causing her psychiatric illness. Following R v Ireland, D can be guilty of:
- ANo offence, because words or silence can never amount to an assault in law
- BOnly a civil wrong, because no physical harm occurred
- COnly harassment, because no force was used
- DAn assault, as silent calls can cause apprehension of immediate force
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:
- AThe car was insured by V
- BShe is not dishonest and lacks intent to deprive another
- CCars cannot be stolen under the Theft Act
- DShe returned it the next morning
7.Hard
In R v Hinks (2000), the House of Lords held that:
- AReceiving a valid gift can be an appropriation, so it can be theft if dishonest
- BA valid gift can never be theft because full ownership passes to the recipient at once
- COnly shop thefts involve appropriation
- DCivil law always decides criminal liability for theft
8.Hard
In R v G (2003), the House of Lords defined recklessness as:
- AIntention to cause harm
- BFailure to notice an obvious risk that a reasonable person would have seen
- CAny careless behaviour
- DAwareness of a risk that it was unreasonable to take in the circumstances
Answer key
- 1. B · Arson
- 2. D · Knew or believed the goods to be stolen
- 3. B · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 4. D · There was no assault, since the friend did not apprehend any force
- 5. D · An assault, as silent calls can cause apprehension of immediate force
- 6. B · She is not dishonest and lacks intent to deprive another
- 7. A · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
- 8. D · Awareness of a risk that it was unreasonable to take in the circumstances
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