1.Easy
Necessity was rejected as a defence to murder in the famous shipwreck case of:
- AR v Dudley and Stephens
- BR v Brown
- CR v Miller
- DR v Collins
2.Easy
In English law, "voluntary manslaughter" refers to:
- AA killing caused by gross negligence at work
- BA killing that the victim consented to in advance
- CA killing caused by an unlawful and dangerous act, without intent to kill
- DA killing with the mens rea for murder where a partial defence applies
3.Easy
The presumption of innocence means:
- AEveryone arrested is guilty
- BThe accused must prove their innocence beyond reasonable doubt
- CJudges cannot convict anyone
- DThe accused is treated as innocent until proven guilty
4.Medium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- ASelf-defence, because D was dreaming of an attack
- BInsanity, because sleepwalking was caused by an internal factor
- CNon-insane automatism, because sleep is natural
- DInvoluntary intoxication, because D was not aware
5.Medium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- ADiminished responsibility, because harm was caused
- BNon-insane automatism, because an external factor caused the episode
- CInsanity, because diabetes is a disease affecting the functioning of the mind
- DDuress of circumstances, because D was ill
6.Medium
D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:
- ABurglary, because the bag was V's property
- BOnly battery, because the bag was not taken
- COnly theft, because there was no direct contact with V's body
- DRobbery, because force was used on the person to steal
7.Hard
The principle of "ne bis in idem" means that:
- AEvery crime must be punished twice
- BAppeals are forbidden
- CA person cannot be tried or punished twice for the same offence
- DTwo judges must hear every case
8.Hard
Under the "transferred malice" doctrine, if A aims a blow at B but hits C:
- AA's intention towards B is transferred, so A can be liable for the harm to C
- BA cannot be liable for harm to C because A had no mens rea at all in relation to C
- CB becomes liable for the harm to C
- DA is only liable for attempted harm to C
Answer key
- 1. A · R v Dudley and Stephens
- 2. D · A killing with the mens rea for murder where a partial defence applies
- 3. D · The accused is treated as innocent until proven guilty
- 4. B · Insanity, because sleepwalking was caused by an internal factor
- 5. B · Non-insane automatism, because an external factor caused the episode
- 6. D · Robbery, because force was used on the person to steal
- 7. C · A person cannot be tried or punished twice for the same offence
- 8. A · A's intention towards B is transferred, so A can be liable for the harm to C
Full step-by-step solutions: practise this topic on examproblems.com.