1.Easy
Under the Criminal Damage Act 1971, criminal damage by fire is charged as:
- AAffray
- BArson
- CAggravated theft
- DBurglary
2.Easy
Which two elements usually make up a criminal offence?
- AOffer and acceptance
- BDuty and breach
- CActus reus and mens rea
- DMotive and opportunity
3.Easy
In English law, a battery is:
- AAny rude remark made in public
- BCausing another to apprehend the immediate application of unlawful force
- CThe intentional or reckless application of unlawful force to another
- DCausing serious injury with a weapon
4.Medium
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
- AWas present at the scene by chance
- BIntended to assist or encourage the principal to commit the crime
- CWas related to the principal
- DMerely foresaw as a real possibility that the principal might commit the crime
5.Medium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- AInsanity, because diabetes is a disease affecting the functioning of the mind
- BDuress of circumstances, because D was ill
- CNon-insane automatism, because an external factor caused the episode
- DDiminished responsibility, because harm was caused
6.Medium
D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:
- ANot an accessory, because mere presence without intent to encourage is not enough
- BThe principal, because D witnessed the whole crime
- CAn accessory, because D could have called the police
- DAn accessory, because voluntary presence at the scene always amounts to encouragement
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 cannabis offences require a commercial purpose
- DHeld that landladies have a duty to search their tenants
8.Hard
In R v Lloyd (1985), a cinema employee lent films to be copied and returned them within hours. The court held there was no theft because:
- AFilms are intangible property that cannot be stolen
- BCopying films was not illegal at the time
- CThe employee had the cinema's permission to borrow the films for a short time
- DThe films were returned with their "goodness or virtue" not wholly exhausted
Answer key
- 1. B · Arson
- 2. C · Actus reus and mens rea
- 3. C · The intentional or reckless application of unlawful force to another
- 4. B · Intended to assist or encourage the principal to commit the crime
- 5. C · Non-insane automatism, because an external factor caused the episode
- 6. A · Not an accessory, because mere presence without intent to encourage is not enough
- 7. B · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
- 8. D · The films were returned with their "goodness or virtue" not wholly exhausted
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