1.Easy
Diminished responsibility is a partial defence available only to a charge of:
- ARape
- BRobbery
- CMurder
- DTheft
2.Easy
The presumption of innocence means:
- AEveryone arrested is guilty
- BThe accused must prove their innocence beyond reasonable doubt
- CJudges cannot convict anyone
- DThe accused is treated as innocent until proven guilty
3.Easy
In English law, a battery is:
- ACausing serious injury with a weapon
- BAny rude remark made in public
- CThe intentional or reckless application of unlawful force to another
- DCausing another to apprehend the immediate application of unlawful force
4.Medium
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
- AWas present at the scene by chance
- BWas related to the principal
- CMerely foresaw as a real possibility that the principal might commit the crime
- DIntended to assist or encourage the principal to commit the crime
5.Medium
D throws a glass of beer over V intending only to wet her; the glass slips and cuts V. Following R v Savage, D's liability under section 47 OAPA requires:
- AForesight that grievous bodily harm would be caused
- BForesight that at least some actual bodily harm would result from the assault
- COnly the mens rea of assault or battery, with no foresight of harm needed
- DIntention to cause actual bodily harm
6.Medium
D takes his own car from a garage without paying for repairs. Following R v Turner (No 2), D can be guilty of theft because:
- AProperty belongs to anyone who has possession or control of it
- BOwners who take back their own property are always acting dishonestly
- CThe car was worth more after the repairs
- DD intended to return the car later
7.Hard
In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:
- AIntending the harm or foreseeing the risk of it and taking it anyway
- BFailing to notice a risk an ordinary person would see
- CActing with wickedness or ill will towards the victim, as in ordinary usage
- DActing in a way that is against the law
8.Hard
In R v Lloyd (1985), a cinema employee lent films to be copied and returned them within hours. The court held there was no theft because:
- AThe employee had the cinema's permission to borrow the films for a short time
- BFilms are intangible property that cannot be stolen
- CThe films were returned with their "goodness or virtue" not wholly exhausted
- DCopying films was not illegal at the time
Answer key
- 1. C · Murder
- 2. D · The accused is treated as innocent until proven guilty
- 3. C · The intentional or reckless application of unlawful force to another
- 4. D · Intended to assist or encourage the principal to commit the crime
- 5. C · Only the mens rea of assault or battery, with no foresight of harm needed
- 6. A · Property belongs to anyone who has possession or control of it
- 7. A · Intending the harm or foreseeing the risk of it and taking it anyway
- 8. C · The films were returned with their "goodness or virtue" not wholly exhausted
Full step-by-step solutions: practise this topic on examproblems.com.