1.Easy
The defence of duress requires a threat of:
- ADamage to one's property
- BPublic embarrassment
- CLosing one's job
- DDeath or serious injury
2.Easy
Which Act created the offences of fraud by false representation, failing to disclose information and abuse of position?
- AThe Criminal Justice Act 1988
- BThe Fraud Act 2006
- CThe Theft Act 1978
- DThe Serious Crime Act 2007
3.Easy
In Dutch criminal law, "noodweer" (Article 41(1) Sr) is:
- AA rule allowing police to stop and search people
- BA form of preparation for committing a crime
- CAn excuse based on a strong emotional disturbance caused by an unlawful attack
- DA justification for necessary defence against an immediate unlawful attack
4.Medium
Involuntary intoxication can be a defence when:
- AIt meant the defendant lacked the required mens rea
- BThe offence is a strict liability offence
- CThe defendant chose to drink heavily
- DThe defendant was less inhibited but still formed intent
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
- BIs judged on the facts as D honestly believed them to be
- CIs liable, because the mistake was about the facts
- DMust prove the belief on the balance of probabilities
6.Medium
D drives on the pavement to escape a man who is threatening to kill him. The most suitable defence is:
- ALoss of control
- BDuress of circumstances
- CDiminished responsibility
- DConsent
7.Hard
In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:
- ASo "daft" or unexpected that no reasonable person could have foreseen it
- BCaused by her own panic and fear
- CMore dangerous than staying in the car
- DTaken without first asking the defendant to stop the car and let her out
8.Hard
The Gammon (Hong Kong) v Attorney-General (1985) criteria are used to decide whether:
- AAn omission can lead to criminal liability
- BA defendant was acting under duress
- CThe presumption of mens rea is displaced, making an offence strict liability
- DAn appeal should go to the Supreme Court
Answer key
- 1. D · Death or serious injury
- 2. B · The Fraud Act 2006
- 3. D · A justification for necessary defence against an immediate unlawful attack
- 4. A · It meant the defendant lacked the required mens rea
- 5. B · Is judged on the facts as D honestly believed them to be
- 6. B · Duress of circumstances
- 7. A · So "daft" or unexpected that no reasonable person could have foreseen it
- 8. C · The presumption of mens rea is displaced, making an offence strict liability
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