1.Easy
A defendant who did not know what they were doing because of a severe mental disease may rely on:
- AProvocation
- BDuress
- CNecessity
- DInsanity
2.Easy
Diminished responsibility is a partial defence available only to a charge of:
- ARobbery
- BTheft
- CMurder
- DRape
3.Easy
The defence of duress requires a threat of:
- ALosing one's job
- BDeath or serious injury
- CDamage to one's property
- DPublic embarrassment
4.Medium
D swaps price labels on two items in a supermarket, intending to pay the lower price. Following R v Morris, the appropriation took place when D:
- ASwitched the labels, assuming one of the owner's rights
- BPaid at the checkout
- CPut the item in the trolley
- DLeft the shop without paying
5.Medium
D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:
- AThe car was insured by V
- BShe is not dishonest and lacks intent to deprive another
- CCars cannot be stolen under the Theft Act
- DShe returned it the next morning
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
- BAn accessory, because voluntary presence at the scene always amounts to encouragement
- CAn accessory, because D could have called the police
- DThe principal, because D witnessed the whole crime
7.Hard
In R v Walkington (1979), D went behind a shop counter and opened a till. This was burglary because:
- AThe till contained money at the time
- BEntering a part of a building as a trespasser is enough
- CShops are treated as dwellings in law
- DD was carrying a weapon at the time
8.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:
- AHeld that cannabis offences require a commercial purpose
- BQuashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
- CUpheld the conviction because drug offences are always strict liability in order to protect public health
- DHeld that landladies have a duty to search their tenants
Answer key
- 1. D · Insanity
- 2. C · Murder
- 3. B · Death or serious injury
- 4. A · Switched the labels, assuming one of the owner's rights
- 5. B · She is not dishonest and lacks intent to deprive another
- 6. A · Not an accessory, because mere presence without intent to encourage is not enough
- 7. B · Entering a part of a building as a trespasser is enough
- 8. B · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
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