1.Easy
In English law, a "wound" for section 20 OAPA 1861 requires:
- AA break in both layers of the skin
- BAny visible bruise on the body
- CA broken bone
- DLoss of consciousness
2.Easy
A person who helps or encourages another to commit a crime, without carrying out the act themselves, is called:
- AAn accessory (secondary party)
- BA principal offender
- CA co-defendant witness
- DAn innocent agent
3.Easy
Mens rea refers to:
- AThe victim's state of mind
- BThe punishment for a crime
- CThe physical act of a crime
- DThe mental element of a crime
4.Medium
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
- AWas present at the scene by chance
- BWas related to the principal
- CIntended to assist or encourage the principal to commit the crime
- DMerely foresaw as a real possibility that the principal might commit the crime
5.Medium
A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:
- AHaving created the dangerous situation
- BA contractual duty to act
- CA special relationship with the child's parents
- DBeing the only person who saw the child
6.Medium
D buys a substance believing it is heroin and intends to sell it on. In fact it is harmless powder. Following R v Shivpuri, D is:
- ANot guilty, because the substance was harmless
- BGuilty of the full offence of dealing drugs
- CGuilty of attempt, as impossibility is no defence under the 1981 Act
- DNot guilty, because attempting the impossible is no offence under the 1981 Act
7.Hard
In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:
- AFailing to notice a risk an ordinary person would see
- BActing in a way that is against the law
- CActing with wickedness or ill will towards the victim, as in ordinary usage
- DIntending the harm or foreseeing the risk of it and taking it anyway
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 landladies have a duty to search their tenants
- 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 cannabis offences require a commercial purpose
Answer key
- 1. A · A break in both layers of the skin
- 2. A · An accessory (secondary party)
- 3. D · The mental element of a crime
- 4. C · Intended to assist or encourage the principal to commit the crime
- 5. B · A contractual duty to act
- 6. C · Guilty of attempt, as impossibility is no defence under the 1981 Act
- 7. D · Intending the harm or foreseeing the risk of it and taking it anyway
- 8. B · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
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