1.Easy
Self-defence is generally a defence when the force used is:
- AUsed after the threat has ended
- BAs strong as possible
- CNecessary and reasonable in the circumstances
- DPlanned in advance as revenge
2.Easy
The principle "nullum crimen sine lege" means that:
- AJudges can create new crimes freely
- BLaws apply retroactively
- CThere is no crime without a law defining it beforehand
- DAll crimes are punished with prison
3.Easy
In English law, "voluntary manslaughter" refers to:
- AA killing caused by gross negligence at work
- BA killing caused by an unlawful and dangerous act, without intent to kill
- CA killing with the mens rea for murder where a partial defence applies
- DA killing that the victim consented to in advance
4.Medium
Gang members threaten D to make her rob a post office. D had joined the gang knowing it used violence. Following R v Hasan, D:
- ACan rely on necessity instead of duress
- BCan rely on duress because the threat was real, immediate and impossible for her to escape
- CCan rely on duress only if the robbery failed
- DCannot rely on duress because she voluntarily associated with violent criminals
5.Medium
D buys a substance believing it is heroin and intends to sell it on. In fact it is harmless powder. Following R v Shivpuri, D is:
- AGuilty of attempt, as impossibility is no defence under the 1981 Act
- BNot guilty, because attempting the impossible is no offence under the 1981 Act
- CGuilty of the full offence of dealing drugs
- DNot guilty, because the substance was harmless
6.Medium
D swaps price labels on two items in a supermarket, intending to pay the lower price. Following R v Morris, the appropriation took place when D:
- ASwitched the labels, assuming one of the owner's rights
- BLeft the shop without paying
- CPaid at the checkout
- DPut the item in the trolley
7.Hard
Conspiracy in English law requires:
- AAn agreement between two or more people to commit a crime, with intent that it be carried out
- BA written plan
- CThe crime to be actually committed
- DAt least one of the conspirators to have carried out an overt act towards committing the agreed crime
8.Hard
The Gammon (Hong Kong) v Attorney-General (1985) criteria are used to decide whether:
- AAn appeal should go to the Supreme Court
- BThe presumption of mens rea is displaced, making an offence strict liability
- CA defendant was acting under duress
- DAn omission can lead to criminal liability
Answer key
- 1. C · Necessary and reasonable in the circumstances
- 2. C · There is no crime without a law defining it beforehand
- 3. C · A killing with the mens rea for murder where a partial defence applies
- 4. D · Cannot rely on duress because she voluntarily associated with violent criminals
- 5. A · Guilty of attempt, as impossibility is no defence under the 1981 Act
- 6. A · Switched the labels, assuming one of the owner's rights
- 7. A · An agreement between two or more people to commit a crime, with intent that it be carried out
- 8. B · The presumption of mens rea is displaced, making an offence strict liability
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