1.Easy
An omission (failure to act) can lead to criminal liability when:
- AThe defendant had a legal duty to act
- BNever, in any legal system
- CThe defendant was asleep
- DAny person failed to help a stranger
2.Easy
Handling stolen goods (section 22 Theft Act 1968) requires that the defendant:
- AKnew or believed the goods to be stolen
- BStole the goods personally
- CKept the goods for over a month
- DSold the goods for profit
3.Easy
In English law, a battery is:
- AAny rude remark made in public
- BThe intentional or reckless application of unlawful force to another
- CCausing serious injury with a weapon
- DCausing another to apprehend the immediate application of unlawful force
4.Medium
Oblique (indirect) intention in English law (R v Woollin) exists when:
- ADeath was a foreseeable consequence that a reasonable person would have appreciated
- BThe defendant did not foresee any harm
- CDeath or serious harm was a virtual certainty and the defendant appreciated this
- DThe result was merely possible
5.Medium
Gang members threaten D to make her rob a post office. D had joined the gang knowing it used violence. Following R v Hasan, D:
- ACan rely on necessity instead of duress
- BCan rely on duress because the threat was real, immediate and impossible for her to escape
- CCannot rely on duress because she voluntarily associated with violent criminals
- DCan rely on duress only if the robbery failed
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
- BProperty belongs to anyone who has possession or control of it
- COwners who take back their own property are always acting dishonestly
- DThe car was worth more after the repairs
7.Hard
In R v Jordan (1956), the court held the chain of causation was broken because:
- AThe victim had an unusually thin skull
- BA second attacker stabbed the victim again in hospital
- CThe medical treatment was "palpably wrong" and the wound had mainly healed
- DThe victim refused a blood transfusion for religious reasons, which was unforeseeable
8.Hard
In R v Hancock and Shankland (1986), striking miners pushed a concrete block onto a taxi, killing the driver. The House of Lords held:
- AIntention can never be inferred from foresight
- BThe miners intended to kill because death was their aim
- CForesight of a high probability of death or serious injury is conclusive proof of intention as a matter of law
- DForesight of a high probability is evidence from which intention may be inferred, but is not intention itself
Answer key
- 1. A · The defendant had a legal duty to act
- 2. A · Knew or believed the goods to be stolen
- 3. B · The intentional or reckless application of unlawful force to another
- 4. C · Death or serious harm was a virtual certainty and the defendant appreciated this
- 5. C · Cannot rely on duress because she voluntarily associated with violent criminals
- 6. B · Property belongs to anyone who has possession or control of it
- 7. C · The medical treatment was "palpably wrong" and the wound had mainly healed
- 8. D · Foresight of a high probability is evidence from which intention may be inferred, but is not intention itself
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