1.Easy
In English law, "voluntary manslaughter" refers to:
- AA killing caused by an unlawful and dangerous act, without intent to kill
- BA killing caused by gross negligence at work
- CA killing that the victim consented to in advance
- DA killing with the mens rea for murder where a partial defence applies
2.Easy
In English law, rape is defined in which statute?
- AThe Protection from Harassment Act 1997
- BThe Criminal Justice Act 1988
- CThe Offences Against the Person Act 1861
- DThe Sexual Offences Act 2003
3.Easy
The defence of duress requires a threat of:
- ALosing one's job
- BDeath or serious injury
- CDamage to one's property
- DPublic embarrassment
4.Medium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- AInsanity, because sleepwalking was caused by an internal factor
- BSelf-defence, because D was dreaming of an attack
- CNon-insane automatism, because sleep is natural
- DInvoluntary intoxication, because D was not aware
5.Medium
D parks his car on a police officer's foot by accident, then refuses to move it once told. Under Fagan v MPC, this is:
- AA battery, because the act was continuing when the mens rea arose
- BA mere omission without any duty to act
- CNo offence, because the original act was accidental and mens rea arose only afterwards
- DOnly criminal damage to the officer's shoe
6.Medium
D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:
- AGuilty of manslaughter, because V's choice is irrelevant
- BNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
- CGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
- DGuilty of manslaughter, because supply always causes the death
7.Hard
In R v Brown (1993), the House of Lords held that consent was no defence to s47 and s20 charges arising from:
- AConsensual sado-masochistic acts between adults in private
- BSurgery carried out without the patient's signature
- CTattoos applied by a licensed tattoo artist
- DInjuries suffered in properly conducted boxing matches between consenting adults
8.Hard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
- AAbsence of all blame (AVAS) as an unwritten excuse
- BForce majeure as a written justification
- CConditional intent as a form of intention
- DThe legality principle as part of the Constitution
Answer key
- 1. D · A killing with the mens rea for murder where a partial defence applies
- 2. D · The Sexual Offences Act 2003
- 3. B · Death or serious injury
- 4. A · Insanity, because sleepwalking was caused by an internal factor
- 5. A · A battery, because the act was continuing when the mens rea arose
- 6. B · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
- 7. A · Consensual sado-masochistic acts between adults in private
- 8. A · Absence of all blame (AVAS) as an unwritten excuse
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