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
- BThe prosecution, beyond reasonable doubt
- CNobody, as the jury decides freely
- DThe defendant, on the balance of probabilities
2.Easy
Necessity was rejected as a defence to murder in the famous shipwreck case of:
- AR v Brown
- BR v Dudley and Stephens
- CR v Collins
- DR v Miller
3.Easy
Which of these is a "specific intent" offence in English law for the purposes of intoxication?
- ABattery
- BAssault occasioning actual bodily harm
- CMurder
- DManslaughter
4.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:
- AThe car was worth more after the repairs
- BD intended to return the car later
- COwners who take back their own property are always acting dishonestly
- DProperty belongs to anyone who has possession or control of it
5.Medium
D takes V's bag and is seen; a few seconds later D ties V up to escape. Following R v Hale, D is guilty of robbery because:
- ATying up a victim is robbery even without theft
- BAppropriation is a continuing act, so the force was used at the time of the theft
- CAny force used on the victim within an hour of the theft automatically turns it into robbery
- DThe bag was later recovered by the police
6.Medium
D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:
- AAn accessory, because D could have called the police
- BThe principal, because D witnessed the whole crime
- CNot an accessory, because mere presence without intent to encourage is not enough
- DAn accessory, because voluntary presence at the scene always amounts to encouragement
7.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
- BB becomes liable for the harm to C
- CA's intention towards B is transferred, so A can be liable for the harm to C
- DA cannot be liable for harm to C because A had no mens rea at all in relation to C
8.Hard
Conspiracy in English law requires:
- AA written plan
- BAn agreement between two or more people to commit a crime, with intent that it be carried out
- CThe crime to be actually committed
- DAt least one of the conspirators to have carried out an overt act towards committing the agreed crime
Answer key
- 1. D · The defendant, on the balance of probabilities
- 2. B · R v Dudley and Stephens
- 3. C · Murder
- 4. D · Property belongs to anyone who has possession or control of it
- 5. B · Appropriation is a continuing act, so the force was used at the time of the theft
- 6. C · Not an accessory, because mere presence without intent to encourage is not enough
- 7. C · A's intention towards B is transferred, so A can be liable for the harm to C
- 8. B · An agreement between two or more people to commit a crime, with intent that it be carried out
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