1.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- AThe prosecution, beyond reasonable doubt
- BThe defendant, on the balance of probabilities
- CNobody, as the jury decides freely
- DThe judge, on the medical evidence alone
2.Easy
Which sentence must a court impose on an adult convicted of murder in England and Wales?
- AA fixed term of 10 years
- BLife imprisonment
- CA suspended sentence
- DA community order
3.Easy
Which of these is a "specific intent" offence in English law for the purposes of intoxication?
- AAssault occasioning actual bodily harm
- BMurder
- CBattery
- DManslaughter
4.Medium
In English law, the test for dishonesty in theft is now set out in:
- ADonoghue v Stevenson
- BIvey v Genting Casinos
- CR v Cunningham
- DR v Ghosh
5.Medium
Two adult friends agree to a fist fight in the street, and one breaks the other's nose. Following A-G's Reference (No 6 of 1980), consent is:
- ARelevant only to the sentence and never to guilt
- BA full defence, because both adults freely agreed to the fight and accepted the risk of injury
- CNo defence, because a street fight causing actual bodily harm is not in the public interest
- DA defence only if the fight was planned in advance
6.Medium
Oblique (indirect) intention in English law (R v Woollin) exists when:
- AThe result was merely possible
- BThe defendant did not foresee any harm
- CDeath was a foreseeable consequence that a reasonable person would have appreciated
- DDeath or serious harm was a virtual certainty and the defendant appreciated this
7.Hard
In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:
- AParental consent is a defence to homicide
- BNecessity is a general defence to murder whenever more lives would be saved than lost
- CDoctors can never be liable for murder
- DNecessity can, in very exceptional circumstances, justify an act that causes death
8.Hard
In the Dutch "Opticien" judgment (Hoge Raad, 1923), an optician sold glasses after closing time to a man who had broken his. The court recognised:
- ASelf-defence of property under Article 41 Sr
- BNecessity (noodtoestand) as a form of overmacht under Article 40 Sr
- CMental disorder as an excuse under Article 39 Sr
- DAn official order (ambtelijk bevel) as a justification under Article 43 Sr
Answer key
- 1. B · The defendant, on the balance of probabilities
- 2. B · Life imprisonment
- 3. B · Murder
- 4. B · Ivey v Genting Casinos
- 5. C · No defence, because a street fight causing actual bodily harm is not in the public interest
- 6. D · Death or serious harm was a virtual certainty and the defendant appreciated this
- 7. D · Necessity can, in very exceptional circumstances, justify an act that causes death
- 8. B · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
Full step-by-step solutions: practise this topic on examproblems.com.