1.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- AThe judge, on the medical evidence alone
- BThe defendant, on the balance of probabilities
- CNobody, as the jury decides freely
- DThe prosecution, beyond reasonable doubt
2.Easy
Which case is known for the "golden thread" that the prosecution must prove the defendant's guilt?
- ACarlill v Carbolic Smoke Ball Co
- BR v Brown
- CWoolmington v DPP
- DDonoghue v Stevenson
3.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
- CActually applies unlawful force to the victim's body, however slight
- DCauses the victim to apprehend immediate unlawful force
4.Medium
D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:
- ACannot rely on intoxication, because the intent to kill was formed before drinking
- BCan only be guilty of manslaughter
- CCan rely on intoxication because murder is a specific intent offence
- DHas a defence of involuntary intoxication
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:
- AJokes cannot be criminal under English law
- BThere was no assault, since the friend did not apprehend any force
- CThe gun belonged to the friend
- DThe death was caused by the gun malfunctioning, not by any act of D's
6.Medium
D gets drunk voluntarily, mistakenly believes he is being attacked and stabs V. Under English law, D:
- ACannot rely on a drunken mistaken belief in self-defence
- BHas a complete defence of intoxication
- CCan always rely on any honest belief, however it arose, in self-defence
- DIs automatically guilty of murder
7.Hard
Under the loss of control defence (Coroners and Justice Act 2009), the defence is NOT available if:
- AThe loss of control was not sudden
- BThe victim was a family member
- CThe defendant acted in a considered desire for revenge
- DThe defendant had been drinking that day
8.Hard
In Airedale NHS Trust v Bland (1993), the House of Lords held that withdrawing life-sustaining treatment from a patient in a persistent vegetative state:
- AWas a positive act of killing, amounting to murder
- BWas an omission that was lawful because continued treatment was no longer in the patient's best interests
- CWas lawful only because the patient's family had given consent, which is required for any such withdrawal
- DWas lawful because the patient had made an advance decision
Answer key
- 1. B · The defendant, on the balance of probabilities
- 2. C · Woolmington v DPP
- 3. D · Causes the victim to apprehend immediate unlawful force
- 4. A · Cannot rely on intoxication, because the intent to kill was formed before drinking
- 5. B · There was no assault, since the friend did not apprehend any force
- 6. A · Cannot rely on a drunken mistaken belief in self-defence
- 7. C · The defendant acted in a considered desire for revenge
- 8. B · Was an omission that was lawful because continued treatment was no longer in the patient's best interests
Full step-by-step solutions: practise this topic on examproblems.com.