1.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- AArson
- BAggravated theft
- CBurglary
- DAffray
2.Easy
In English law, a common assault (in the narrow sense) is committed when the defendant:
- ACauses the victim serious bodily harm
- BDamages the victim's property
- CCauses the victim to apprehend immediate unlawful force
- DActually applies unlawful force to the victim's body, however slight
3.Easy
An omission (failure to act) can lead to criminal liability when:
- AThe defendant was asleep
- BThe defendant had a legal duty to act
- CNever, in any legal system
- DAny person failed to help a stranger
4.Medium
In English law, the test for dishonesty in theft is now set out in:
- AIvey v Genting Casinos
- BR v Cunningham
- CDonoghue v Stevenson
- DR v Ghosh
5.Medium
D throws a glass of beer over V intending only to wet her; the glass slips and cuts V. Following R v Savage, D's liability under section 47 OAPA requires:
- AIntention to cause actual bodily harm
- BOnly the mens rea of assault or battery, with no foresight of harm needed
- CForesight that at least some actual bodily harm would result from the assault
- DForesight that grievous bodily harm would be caused
6.Medium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- AInsanity, because diabetes is a disease affecting the functioning of the mind
- BDuress of circumstances, because D was ill
- CDiminished responsibility, because harm was caused
- DNon-insane automatism, because an external factor caused the episode
7.Hard
In R v Malcherek and Steel (1981), doctors switched off life-support machines after diagnosing brain death. The court held:
- ASwitching off did not break the chain; the original assailants caused the deaths
- BThe defendants were guilty only of attempted murder
- CThe doctors became the legal cause of death by deliberately switching off the machines
- DThe victims died of natural causes in law
8.Hard
In the Dutch "Opticien" judgment (Hoge Raad, 1923), an optician sold glasses after closing time to a man who had broken his. The court recognised:
- ASelf-defence of property under Article 41 Sr
- BMental disorder as an excuse under Article 39 Sr
- CNecessity (noodtoestand) as a form of overmacht under Article 40 Sr
- DAn official order (ambtelijk bevel) as a justification under Article 43 Sr
Answer key
- 1. A · Arson
- 2. C · Causes the victim to apprehend immediate unlawful force
- 3. B · The defendant had a legal duty to act
- 4. A · Ivey v Genting Casinos
- 5. B · Only the mens rea of assault or battery, with no foresight of harm needed
- 6. D · Non-insane automatism, because an external factor caused the episode
- 7. A · Switching off did not break the chain; the original assailants caused the deaths
- 8. C · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
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