1.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- AAffray
- BAggravated theft
- CArson
- DBurglary
2.Easy
Handling stolen goods (section 22 Theft Act 1968) requires that the defendant:
- ASold the goods for profit
- BStole the goods personally
- CKept the goods for over a month
- DKnew or believed the goods to be stolen
3.Easy
An "either-way" offence is one that:
- ACan be prosecuted either by the CPS or by the victim as a private prosecutor
- BCan lead either to prison or to a fine only
- CCan be committed either by act or by omission
- DCan be tried in either the magistrates' court or the Crown Court
4.Medium
The "thin skull" rule in criminal law means:
- AA frail victim breaks the chain of causation
- BThe victim's injuries must be foreseeable in extent
- CThe defendant must take the victim as they find them
- DOnly healthy victims are protected
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 mistaken belief was not based on reasonable grounds
- 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 mistake was about the facts
6.Medium
A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:
- AA special relationship with the child's parents
- BBeing the only person who saw the child
- CHaving created the dangerous situation
- DA contractual duty to act
7.Hard
R v Gomez (1993) held that an appropriation in theft:
- ACan occur even when the owner consents, if the consent was obtained by deception
- BOnly occurs when the defendant leaves the shop
- CRequires a physical taking of the property
- DRequires that the act was not authorised by the owner, even if consent was obtained by fraud
8.Hard
Under the "transferred malice" doctrine, if A aims a blow at B but hits C:
- AA is only liable for attempted harm to C
- BA cannot be liable for harm to C because A had no mens rea at all in relation to C
- CA's intention towards B is transferred, so A can be liable for the harm to C
- DB becomes liable for the harm to C
Answer key
- 1. C · Arson
- 2. D · Knew or believed the goods to be stolen
- 3. D · Can be tried in either the magistrates' court or the Crown Court
- 4. C · The defendant must take the victim as they find them
- 5. C · Is judged on the facts as D honestly believed them to be
- 6. D · A contractual duty to act
- 7. A · Can occur even when the owner consents, if the consent was obtained by deception
- 8. C · A's intention towards B is transferred, so A can be liable for the harm to C
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