1.Easy
An omission (failure to act) can lead to criminal liability when:
- ANever, in any legal system
- BAny person failed to help a stranger
- CThe defendant had a legal duty to act
- DThe defendant was asleep
2.Easy
In England and Wales, which body decides on charges in most serious cases and conducts public prosecutions?
- AThe Magistrates' Association
- BThe Home Office
- CThe Crown Prosecution Service
- DThe Law Commission
3.Easy
Which case is known for the "golden thread" that the prosecution must prove the defendant's guilt?
- ACarlill v Carbolic Smoke Ball Co
- BWoolmington v DPP
- CR v Brown
- DDonoghue v Stevenson
4.Medium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- AInsanity, because sleepwalking was caused by an internal factor
- BInvoluntary intoxication, because D was not aware
- CNon-insane automatism, because sleep is natural
- DSelf-defence, because D was dreaming of an attack
5.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:
- ANot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- BIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
- CEffective, because D left before the crime was completed
- DEffective, because any words of withdrawal are always enough
6.Medium
D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:
- AAn accessory, because D could have called the police
- BNot an accessory, because mere presence without intent to encourage is not enough
- CThe principal, because D witnessed the whole crime
- DAn accessory, because voluntary presence at the scene always amounts to encouragement
7.Hard
In R v G (2003), the House of Lords defined recklessness as:
- AAwareness of a risk that it was unreasonable to take in the circumstances
- BFailure to notice an obvious risk that a reasonable person would have seen
- CIntention to cause harm
- DAny careless behaviour
8.Hard
In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:
- ATaken without first asking the defendant to stop the car and let her out
- BCaused by her own panic and fear
- CMore dangerous than staying in the car
- DSo "daft" or unexpected that no reasonable person could have foreseen it
Answer key
- 1. C · The defendant had a legal duty to act
- 2. C · The Crown Prosecution Service
- 3. B · Woolmington v DPP
- 4. A · Insanity, because sleepwalking was caused by an internal factor
- 5. A · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- 6. B · Not an accessory, because mere presence without intent to encourage is not enough
- 7. A · Awareness of a risk that it was unreasonable to take in the circumstances
- 8. D · So "daft" or unexpected that no reasonable person could have foreseen it
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