1.Easy
The defence of duress requires a threat of:
- ADeath or serious injury
- BDamage to one's property
- CPublic embarrassment
- DLosing one's job
2.Easy
In English law, a battery is:
- AAny rude remark made in public
- BCausing another to apprehend the immediate application of unlawful force
- CThe intentional or reckless application of unlawful force to another
- DCausing serious injury with a weapon
3.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- ABurglary
- BAggravated theft
- CArson
- DAffray
4.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:
- AIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
- BEffective, because D left before the crime was completed
- CNot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- DEffective, because any words of withdrawal are always enough
5.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:
- AThe death was caused by the gun malfunctioning, not by any act of D's
- BThere was no assault, since the friend did not apprehend any force
- CJokes cannot be criminal under English law
- DThe gun belonged to the friend
6.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:
- ANo offence at all
- BManslaughter
- CMurder
- DAttempted murder
7.Hard
In R v Windle (1952), the court interpreted "wrong" in the M'Naghten Rules to mean:
- AWrong according to the defendant's own beliefs
- BMorally wrong by society's standards
- CLegally wrong
- DWrong in the eyes of a doctor
8.Hard
In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:
- ADoctors can never be liable for murder
- BNecessity can, in very exceptional circumstances, justify an act that causes death
- CParental consent is a defence to homicide
- DNecessity is a general defence to murder whenever more lives would be saved than lost
Answer key
- 1. A · Death or serious injury
- 2. C · The intentional or reckless application of unlawful force to another
- 3. C · Arson
- 4. C · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- 5. B · There was no assault, since the friend did not apprehend any force
- 6. D · Attempted murder
- 7. C · Legally wrong
- 8. B · Necessity can, in very exceptional circumstances, justify an act that causes death
Full step-by-step solutions: practise this topic on examproblems.com.