1.Easy
Unlawful act manslaughter is a form of:
- ADiminished responsibility
- BAttempted murder
- CInvoluntary manslaughter
- DVoluntary manslaughter
2.Easy
Automatism as a defence refers to:
- AActing under threats from another person
- BActing without voluntary control over one's body
- CActing in the belief that the act is lawful
- DActing under the influence of strong anger
3.Easy
In English law, rape is defined in which statute?
- AThe Criminal Justice Act 1988
- BThe Protection from Harassment Act 1997
- CThe Offences Against the Person Act 1861
- DThe Sexual Offences Act 2003
4.Medium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- ANon-insane automatism, because sleep is natural
- BInvoluntary intoxication, because D was not aware
- CSelf-defence, because D was dreaming of an attack
- DInsanity, because sleepwalking was caused by an internal factor
5.Medium
D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:
- ARobbery, because force was used on the person to steal
- BOnly battery, because the bag was not taken
- CBurglary, because the bag was V's property
- DOnly theft, because there was no direct contact with V's body
6.Medium
Oblique (indirect) intention in English law (R v Woollin) exists when:
- AThe defendant did not foresee any harm
- BDeath was a foreseeable consequence that a reasonable person would have appreciated
- CThe result was merely possible
- DDeath or serious harm was a virtual certainty and the defendant appreciated this
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:
- ATaken without first asking the defendant to stop the car and let her out
- BMore dangerous than staying in the car
- CCaused by her own panic and fear
- DSo "daft" or unexpected that no reasonable person could have foreseen it
8.Hard
In the Dutch "Opticien" judgment (Hoge Raad, 1923), an optician sold glasses after closing time to a man who had broken his. The court recognised:
- AAn official order (ambtelijk bevel) as a justification under Article 43 Sr
- BMental disorder as an excuse under Article 39 Sr
- CSelf-defence of property under Article 41 Sr
- DNecessity (noodtoestand) as a form of overmacht under Article 40 Sr
Answer key
- 1. C · Involuntary manslaughter
- 2. B · Acting without voluntary control over one's body
- 3. D · The Sexual Offences Act 2003
- 4. D · Insanity, because sleepwalking was caused by an internal factor
- 5. A · Robbery, because force was used on the person to steal
- 6. D · Death or serious harm was a virtual certainty and the defendant appreciated this
- 7. D · So "daft" or unexpected that no reasonable person could have foreseen it
- 8. D · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
Full step-by-step solutions: practise this topic on examproblems.com.