1.Easy
Necessity was rejected as a defence to murder in the famous shipwreck case of:
- AR v Miller
- BR v Brown
- CR v Dudley and Stephens
- DR v Collins
2.Easy
In English law, "voluntary manslaughter" refers to:
- AA killing caused by gross negligence at work
- BA killing with the mens rea for murder where a partial defence applies
- CA killing caused by an unlawful and dangerous act, without intent to kill
- DA killing that the victim consented to in advance
3.Easy
Which statute contains the main non-fatal offences against the person in England and Wales (ABH, wounding, GBH)?
- AThe Offences Against the Person Act 1861
- BThe Theft Act 1968
- CThe Homicide Act 1957
- DThe Criminal Damage Act 1971
4.Medium
D knocks over a candle by accident, sees a fire start, and walks away without doing anything. The house burns down. D is most likely:
- ANot liable, because the fire started by accident
- BLiable, because D created a dangerous situation and failed to act
- CLiable only if D intended to start the fire initially
- DNot liable, because the law imposes no duty to act to protect property
5.Medium
A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:
- AHaving created the dangerous situation
- BA special relationship with the child's parents
- CBeing the only person who saw the child
- DA contractual duty to act
6.Medium
D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:
- AHas a defence of involuntary intoxication
- BCan rely on intoxication because murder is a specific intent offence
- CCannot rely on intoxication, because the intent to kill was formed before drinking
- DCan only be guilty of manslaughter
7.Hard
In R v Sullivan (1984), D injured a friend during an epileptic seizure. The House of Lords held:
- AEpilepsy was an external factor, so the defence was automatism
- BD was guilty because he knew he was epileptic
- CEpilepsy was a "disease of the mind" in law, so the defence was insanity
- DOnly psychiatric illnesses can be diseases of the mind
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 lawful because the patient had made an advance decision
- CWas lawful only because the patient's family had given consent, which is required for any such withdrawal
- DWas an omission that was lawful because continued treatment was no longer in the patient's best interests
Answer key
- 1. C · R v Dudley and Stephens
- 2. B · A killing with the mens rea for murder where a partial defence applies
- 3. A · The Offences Against the Person Act 1861
- 4. B · Liable, because D created a dangerous situation and failed to act
- 5. D · A contractual duty to act
- 6. C · Cannot rely on intoxication, because the intent to kill was formed before drinking
- 7. C · Epilepsy was a "disease of the mind" in law, so the defence was insanity
- 8. D · 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.