1.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- AThe judge, on the medical evidence alone
- BNobody, as the jury decides freely
- CThe defendant, on the balance of probabilities
- DThe prosecution, beyond reasonable doubt
2.Easy
A person who helps or encourages another to commit a crime, without carrying out the act themselves, is called:
- AAn innocent agent
- BA principal offender
- CA co-defendant witness
- DAn accessory (secondary party)
3.Easy
What is the age of criminal responsibility in England and Wales?
- A10
- B12
- C14
- D16
4.Medium
D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:
- AThe principal, because D witnessed the whole crime
- BAn accessory, because D could have called the police
- CAn accessory, because voluntary presence at the scene always amounts to encouragement
- DNot an accessory, because mere presence without intent to encourage is not enough
5.Medium
D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:
- ALiable, because the police acted reasonably in self-defence and did not break the chain of causation
- BLiable only if the police officers are also convicted
- CNot liable, because V's death was not foreseeable to D
- DNot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
6.Medium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- AInsanity, because sleepwalking was caused by an internal factor
- BNon-insane automatism, because sleep is natural
- CInvoluntary intoxication, because D was not aware
- DSelf-defence, because D was dreaming of an attack
7.Hard
In R v Windle (1952), the court interpreted "wrong" in the M'Naghten Rules to mean:
- AMorally wrong by society's standards
- BLegally wrong
- CWrong according to the defendant's own beliefs
- DWrong in the eyes of a doctor
8.Hard
Under the loss of control defence (Coroners and Justice Act 2009), the defence is NOT available if:
- AThe defendant acted in a considered desire for revenge
- BThe victim was a family member
- CThe loss of control was not sudden
- DThe defendant had been drinking that day
Answer key
- 1. C · The defendant, on the balance of probabilities
- 2. D · An accessory (secondary party)
- 3. A · 10
- 4. D · Not an accessory, because mere presence without intent to encourage is not enough
- 5. A · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
- 6. A · Insanity, because sleepwalking was caused by an internal factor
- 7. B · Legally wrong
- 8. A · The defendant acted in a considered desire for revenge
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