1.Easy
Which case is known for the "golden thread" that the prosecution must prove the defendant's guilt?
- ADonoghue v Stevenson
- BWoolmington v DPP
- CCarlill v Carbolic Smoke Ball Co
- DR v Brown
2.Easy
In English law, "voluntary manslaughter" refers to:
- AA killing that the victim consented to in advance
- BA killing caused by gross negligence at work
- CA killing with the mens rea for murder where a partial defence applies
- DA killing caused by an unlawful and dangerous act, without intent to kill
3.Easy
An omission (failure to act) can lead to criminal liability when:
- ANever, in any legal system
- BThe defendant had a legal duty to act
- CThe defendant was asleep
- DAny person failed to help a stranger
4.Medium
D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:
- AGuilty of manslaughter, because supply always causes the death
- BNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
- CGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
- DGuilty of manslaughter, because V's choice is irrelevant
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 duress because the threat was real, immediate and impossible for her to escape
- BCannot rely on duress because she voluntarily associated with violent criminals
- CCan rely on necessity instead of duress
- DCan rely on duress only if the robbery failed
6.Medium
D buys a substance believing it is heroin and intends to sell it on. In fact it is harmless powder. Following R v Shivpuri, D is:
- ANot guilty, because the substance was harmless
- BGuilty of the full offence of dealing drugs
- CNot guilty, because attempting the impossible is no offence under the 1981 Act
- DGuilty of attempt, as impossibility is no defence under the 1981 Act
7.Hard
In Sweet v Parsley (1970), a landlady was convicted of being concerned in the management of premises used for smoking cannabis. The House of Lords:
- AUpheld the conviction because drug offences are always strict liability in order to protect public health
- BQuashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
- CHeld that landladies have a duty to search their tenants
- DHeld that cannabis offences require a commercial purpose
8.Hard
In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:
- AFailing to notice a risk an ordinary person would see
- BActing with wickedness or ill will towards the victim, as in ordinary usage
- CIntending the harm or foreseeing the risk of it and taking it anyway
- DActing in a way that is against the law
Answer key
- 1. B · Woolmington v DPP
- 2. C · A killing with the mens rea for murder where a partial defence applies
- 3. B · The defendant had a legal duty to act
- 4. B · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
- 5. B · Cannot rely on duress because she voluntarily associated with violent criminals
- 6. D · Guilty of attempt, as impossibility is no defence under the 1981 Act
- 7. B · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
- 8. C · Intending the harm or foreseeing the risk of it and taking it anyway
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