1.Easy
In Dutch criminal law, "noodweer" (Article 41(1) Sr) is:
- AA justification for necessary defence against an immediate unlawful attack
- BA rule allowing police to stop and search people
- CA form of preparation for committing a crime
- DAn excuse based on a strong emotional disturbance caused by an unlawful attack
2.Easy
Burglary in English law (section 9 Theft Act 1968) requires that the defendant entered a building or part of a building:
- ABy breaking a lock
- BWhile armed
- CAt night time
- DAs a trespasser
3.Easy
In English law, theft is defined in section 1 of the Theft Act 1968 as:
- ADishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- BBorrowing property from another person without asking first
- CUsing force to obtain property belonging to another person
- DDishonestly taking property belonging to another without consent, with intention to use it and later return it
4.Medium
During a burglary, D has handed a knife to an accomplice. When someone arrives, D says "come on, let's go" and climbs out; the accomplice stabs the person. Following R v Becerra, D's withdrawal is:
- AIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
- BEffective, because any words of withdrawal are always enough
- CNot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- DEffective, because D left before the crime was completed
5.Medium
Strict liability offences are offences where:
- AThe defendant must confess
- BLiability arises only if the defendant was negligent as to every element
- COnly intentional acts count
- DNo mens rea is required for at least one element of the actus reus
6.Medium
D drives on the pavement to escape a man who is threatening to kill him. The most suitable defence is:
- AConsent
- BLoss of control
- CDiminished responsibility
- DDuress of circumstances
7.Hard
In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:
- ADid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
- BBroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated
- CAlways breaks the chain of causation
- DMakes the doctors liable for murder
8.Hard
In R v Larsonneur (1933), a French woman was convicted of being an illegal alien in the UK after being brought there by police against her will. The case illustrates:
- AA state of affairs offence where liability arose without a voluntary act
- BThe requirement of a duty for omissions
- CTransferred malice from the police to the defendant
- DThe defence of duress of circumstances excusing an involuntary immigration offence
Answer key
- 1. A · A justification for necessary defence against an immediate unlawful attack
- 2. D · As a trespasser
- 3. A · Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it
- 4. C · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- 5. D · No mens rea is required for at least one element of the actus reus
- 6. D · Duress of circumstances
- 7. A · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
- 8. A · A state of affairs offence where liability arose without a voluntary act
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