1.Easy
Which two elements usually make up a criminal offence?
- AMotive and opportunity
- BDuty and breach
- COffer and acceptance
- DActus reus and mens rea
2.Easy
In English law, which court tries the most serious (indictable-only) offences such as murder?
- AThe county court
- BThe Crown Court
- CThe magistrates' court
- DThe Court of Appeal
3.Easy
Which case is known for the "golden thread" that the prosecution must prove the defendant's guilt?
- ADonoghue v Stevenson
- BR v Brown
- CCarlill v Carbolic Smoke Ball Co
- DWoolmington v DPP
4.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
- CAn accessory, because voluntary presence at the scene always amounts to encouragement
- DThe principal, because D witnessed the whole crime
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 takes V's bag and is seen; a few seconds later D ties V up to escape. Following R v Hale, D is guilty of robbery because:
- AAny force used on the victim within an hour of the theft automatically turns it into robbery
- BTying up a victim is robbery even without theft
- CThe bag was later recovered by the police
- DAppropriation is a continuing act, so the force was used at the time of the theft
7.Hard
In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:
- AMakes the doctors liable for murder
- BAlways breaks the chain of causation
- CBroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated
- DDid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
8.Hard
R v Gomez (1993) held that an appropriation in theft:
- ARequires a physical taking of the property
- BRequires that the act was not authorised by the owner, even if consent was obtained by fraud
- COnly occurs when the defendant leaves the shop
- DCan occur even when the owner consents, if the consent was obtained by deception
Answer key
- 1. D · Actus reus and mens rea
- 2. B · The Crown Court
- 3. D · Woolmington v DPP
- 4. B · Not an accessory, because mere presence without intent to encourage is not enough
- 5. A · Guilty of attempt, as impossibility is no defence under the 1981 Act
- 6. D · Appropriation is a continuing act, so the force was used at the time of the theft
- 7. D · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
- 8. D · Can occur even when the owner consents, if the consent was obtained by deception
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