1.Easy
The presumption of innocence means:
- AEveryone arrested is guilty
- BThe accused must prove their innocence beyond reasonable doubt
- CJudges cannot convict anyone
- DThe accused is treated as innocent until proven guilty
2.Easy
In criminal cases, the prosecution must usually prove guilt:
- AWith a confession
- BOn the balance of probabilities
- CBeyond reasonable doubt
- DWith at least three witnesses
3.Easy
In English law, a common assault (in the narrow sense) is committed when the defendant:
- ACauses the victim serious bodily harm
- BActually applies unlawful force to the victim's body, however slight
- CDamages the victim's property
- DCauses the victim to apprehend immediate unlawful force
4.Medium
"Dolus eventualis" (voorwaardelijk opzet) in Dutch criminal law means the defendant:
- AActed entirely by accident
- BWanted the consequence as their main goal and acted in order to bring it about
- CDid not foresee the consequence at all
- DKnowingly accepted the considerable chance that the consequence would occur
5.Medium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- ADuress of circumstances, because D was ill
- BInsanity, because diabetes is a disease affecting the functioning of the mind
- CNon-insane automatism, because an external factor caused the episode
- DDiminished responsibility, because harm was caused
6.Medium
D throws a glass of beer over V intending only to wet her; the glass slips and cuts V. Following R v Savage, D's liability under section 47 OAPA requires:
- AIntention to cause actual bodily harm
- BForesight that at least some actual bodily harm would result from the assault
- CForesight that grievous bodily harm would be caused
- DOnly the mens rea of assault or battery, with no foresight of harm needed
7.Hard
Under the loss of control defence (Coroners and Justice Act 2009), the defence is NOT available if:
- AThe defendant had been drinking that day
- BThe victim was a family member
- CThe loss of control was not sudden
- DThe defendant acted in a considered desire for revenge
8.Hard
The Gammon (Hong Kong) v Attorney-General (1985) criteria are used to decide whether:
- AAn appeal should go to the Supreme Court
- BThe presumption of mens rea is displaced, making an offence strict liability
- CAn omission can lead to criminal liability
- DA defendant was acting under duress
Answer key
- 1. D · The accused is treated as innocent until proven guilty
- 2. C · Beyond reasonable doubt
- 3. D · Causes the victim to apprehend immediate unlawful force
- 4. D · Knowingly accepted the considerable chance that the consequence would occur
- 5. C · Non-insane automatism, because an external factor caused the episode
- 6. D · Only the mens rea of assault or battery, with no foresight of harm needed
- 7. D · The defendant acted in a considered desire for revenge
- 8. B · The presumption of mens rea is displaced, making an offence strict liability
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