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
In Dutch criminal law, "noodweer" (Article 41(1) Sr) is:
- AA justification for necessary defence against an immediate unlawful attack
- BA form of preparation for committing a crime
- CA rule allowing police to stop and search people
- DAn excuse based on a strong emotional disturbance caused by an unlawful attack
3.Easy
Handling stolen goods (section 22 Theft Act 1968) requires that the defendant:
- AKnew or believed the goods to be stolen
- BSold the goods for profit
- CStole the goods personally
- DKept the goods for over a month
4.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
- BNot guilty, because attempting the impossible is no offence under the 1981 Act
- CGuilty of attempt, as impossibility is no defence under the 1981 Act
- DGuilty of the full offence of dealing drugs
5.Medium
D throws a glass of beer over V intending only to wet her; the glass slips and cuts V. Following R v Savage, D's liability under section 47 OAPA requires:
- AIntention to cause actual bodily harm
- BForesight that at least some actual bodily harm would result from the assault
- CForesight that grievous bodily harm would be caused
- DOnly the mens rea of assault or battery, with no foresight of harm needed
6.Medium
D takes V's bag and is seen; a few seconds later D ties V up to escape. Following R v Hale, D is guilty of robbery because:
- AThe bag was later recovered by the police
- BAny force used on the victim within an hour of the theft automatically turns it into robbery
- CTying up a victim is robbery even without theft
- DAppropriation is a continuing act, so the force was used at the time of the theft
7.Hard
In R v Evans (2009), D supplied heroin to her half-sister, who overdosed. D failed to seek help. The Court of Appeal held:
- AD was guilty of murder, because she supplied the drug
- BD was liable because family members always owe each other a duty to seek medical help
- CNo duty arose, because sisters owe each other no duties
- DA duty arose because D had contributed to a life-threatening situation she knew of
8.Hard
In English law, the partial defence of loss of control reduces murder to:
- AVoluntary manslaughter
- BGrievous bodily harm
- CInvoluntary manslaughter
- DAn acquittal
Answer key
- 1. D · Death or serious injury
- 2. A · A justification for necessary defence against an immediate unlawful attack
- 3. A · Knew or believed the goods to be stolen
- 4. C · Guilty of attempt, as impossibility is no defence under the 1981 Act
- 5. D · Only the mens rea of assault or battery, with no foresight of harm needed
- 6. D · Appropriation is a continuing act, so the force was used at the time of the theft
- 7. D · A duty arose because D had contributed to a life-threatening situation she knew of
- 8. A · Voluntary manslaughter
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