1.Easy
The defence of duress requires a threat of:
- APublic embarrassment
- BLosing one's job
- CDamage to one's property
- DDeath or serious injury
2.Easy
The presumption of innocence means:
- AThe accused is treated as innocent until proven guilty
- BEveryone arrested is guilty
- CThe accused must prove their innocence beyond reasonable doubt
- DJudges cannot convict anyone
3.Easy
Which of these is a "specific intent" offence in English law for the purposes of intoxication?
- AManslaughter
- BMurder
- CAssault occasioning actual bodily harm
- DBattery
4.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:
- AForesight that at least some actual bodily harm would result from the assault
- BOnly the mens rea of assault or battery, with no foresight of harm needed
- CForesight that grievous bodily harm would be caused
- DIntention to cause actual bodily harm
5.Medium
D gets drunk voluntarily, mistakenly believes he is being attacked and stabs V. Under English law, D:
- AHas a complete defence of intoxication
- BIs automatically guilty of murder
- CCan always rely on any honest belief, however it arose, in self-defence
- DCannot rely on a drunken mistaken belief in self-defence
6.Medium
For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:
- AThat serious harm would certainly result
- BThat the victim would die
- CThat some physical harm might result
- DNothing, because it is strict liability
7.Hard
In R v Gullefer (1990), D ran onto a greyhound track to get the race declared void and recover his bet. The Court of Appeal held:
- AAttempt requires the last act before the crime
- BHe was guilty of attempted theft, as running onto the track was more than preparatory
- CHis acts were merely preparatory, as he had not embarked on the "crime proper"
- DImpossibility gave him a complete defence
8.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
- BCivil law always decides criminal liability for theft
- CA valid gift can never be theft because full ownership passes to the recipient at once
- DOnly shop thefts involve appropriation
Answer key
- 1. D · Death or serious injury
- 2. A · The accused is treated as innocent until proven guilty
- 3. B · Murder
- 4. B · Only the mens rea of assault or battery, with no foresight of harm needed
- 5. D · Cannot rely on a drunken mistaken belief in self-defence
- 6. C · That some physical harm might result
- 7. C · His acts were merely preparatory, as he had not embarked on the "crime proper"
- 8. A · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
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