1.Easy
Under section 4 of the Theft Act 1968, which of these cannot normally be stolen?
- ALand
- BMoney
- CA bank balance
- DA bicycle
2.Easy
In Dutch criminal law, what distinguishes "moord" (Article 289 Sr) from "doodslag" (Article 287 Sr)?
- AMoord requires premeditation (voorbedachte raad)
- BMoord requires the use of a weapon
- CMoord requires more than one victim
- DMoord can only be committed against a police officer
3.Easy
Under section 2 of the Homicide Act 1957, who bears the burden of proving diminished responsibility?
- ANobody, as the jury decides freely
- BThe prosecution, beyond reasonable doubt
- CThe defendant, on the balance of probabilities
- DThe judge, on the medical evidence alone
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
- BPut the item in the trolley
- CLeft the shop without paying
- DPaid at the checkout
5.Medium
In English law, the mens rea of murder is:
- ANegligence in causing death
- BIntention to kill or to cause grievous bodily harm
- CIntention to frighten the victim
- DSubjective recklessness as to causing death or serious harm
6.Medium
D takes a college exam paper, reads it and returns it, planning to cheat. Following Oxford v Moss, D did not steal because:
- AThe paper itself was returned, so there was no intention to deprive
- BConfidential information is not property under the Theft Act
- CExam papers have no economic value
- DD was a student at the college
7.Hard
The Gammon (Hong Kong) v Attorney-General (1985) criteria are used to decide whether:
- AAn omission can lead to criminal liability
- BA defendant was acting under duress
- CAn appeal should go to the Supreme Court
- DThe presumption of mens rea is displaced, making an offence strict liability
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
- BUpheld the conviction because drug offences are always strict liability in order to protect public health
- CQuashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
- DHeld that cannabis offences require a commercial purpose
Answer key
- 1. A · Land
- 2. A · Moord requires premeditation (voorbedachte raad)
- 3. C · The defendant, on the balance of probabilities
- 4. A · Switched the labels, assuming one of the owner's rights
- 5. B · Intention to kill or to cause grievous bodily harm
- 6. B · Confidential information is not property under the Theft Act
- 7. D · The presumption of mens rea is displaced, making an offence strict liability
- 8. C · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
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