1.Easy
In English law, a common assault (in the narrow sense) is committed when the defendant:
- ACauses the victim serious bodily harm
- BCauses the victim to apprehend immediate unlawful force
- CDamages the victim's property
- DActually applies unlawful force to the victim's body, however slight
2.Easy
Unlawful act manslaughter is a form of:
- AInvoluntary manslaughter
- BAttempted murder
- CDiminished responsibility
- DVoluntary manslaughter
3.Easy
In Dutch criminal law, what distinguishes "moord" (Article 289 Sr) from "doodslag" (Article 287 Sr)?
- AMoord requires more than one victim
- BMoord can only be committed against a police officer
- CMoord requires the use of a weapon
- DMoord requires premeditation (voorbedachte raad)
4.Medium
D makes repeated silent phone calls to V, causing her psychiatric illness. Following R v Ireland, D can be guilty of:
- AOnly harassment, because no force was used
- BNo offence, because words or silence can never amount to an assault in law
- CAn assault, as silent calls can cause apprehension of immediate force
- DOnly a civil wrong, because no physical harm occurred
5.Medium
D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:
- AIs liable, because the mistake was about the facts
- BMust prove the belief on the balance of probabilities
- CIs judged on the facts as D honestly believed them to be
- DIs liable, because the mistaken belief was not based on reasonable grounds
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:
- AD intended to return the car later
- BThe car was worth more after the repairs
- COwners who take back their own property are always acting dishonestly
- DProperty belongs to anyone who has possession or control of it
7.Hard
In Airedale NHS Trust v Bland (1993), the House of Lords held that withdrawing life-sustaining treatment from a patient in a persistent vegetative state:
- AWas lawful only because the patient's family had given consent, which is required for any such withdrawal
- BWas an omission that was lawful because continued treatment was no longer in the patient's best interests
- CWas a positive act of killing, amounting to murder
- DWas lawful because the patient had made an advance decision
8.Hard
In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:
- ABroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated
- BDid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
- CMakes the doctors liable for murder
- DAlways breaks the chain of causation
Answer key
- 1. B · Causes the victim to apprehend immediate unlawful force
- 2. A · Involuntary manslaughter
- 3. D · Moord requires premeditation (voorbedachte raad)
- 4. C · An assault, as silent calls can cause apprehension of immediate force
- 5. C · Is judged on the facts as D honestly believed them to be
- 6. D · Property belongs to anyone who has possession or control of it
- 7. B · Was an omission that was lawful because continued treatment was no longer in the patient's best interests
- 8. B · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
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