Forensic Law and Practice

5) Chris finds a £20 note on the street and decides to keep it. Which ONE of the following sections is most likely to provide Chris with a defence to theft? a. s.2(1)(a), Theft Act 1968 b. s.2(2), Theft Act 1968 c. s.2(1)(c), Theft Act 1968 d. s.2(1)(b), Theft Act 1968

c. s.2(1)(c), Theft Act 1968

3) Which of the following is NOT a factor required in order to displace the presumption of mens rea? a. A truly criminal offence b. Clear words in the statute c. Statute involves issues of social concern d. Liability would encourage greater vigilance

a. A truly criminal offence

7) Which of the following does NOT amount to a wound or grievous bodily harm? a. A scratch b. Serious harm c. Serious psychiatric injury d. The transmission of HIV

a. A scratch

3) Which ONE of the following CANNOT be performed before the commission of the principal offence? a. Procuring b. Aiding c. Counselling d. Abetting

d. Abetting

3) Which of the following lists does cocaine fall under? a. Temporary class drug b. Class A c. Class B d. Class C

b. Class A

13. Which of the following offences relates to modes of trial? Summary and Review offences Review and Indictable offences Indictable and Outline offences Summary and Indictable offences

Summary and Indictable offences

12) Which of the following Acts radically changed the sentencing framework? a)The Criminal Justice Act 2003 b)The Sentencing and Prisons Act 2001 c)The Criminal Sentencing Act 2004 d)The Justice and Rehabilitation Act 2002

a)The Criminal Justice Act 2003

7) Which ONE of the following statements is FALSE? a. A defendant charged with an either way offence will not have a right to elect trial by jury if the magistrates accept jurisdiction of the case b. A defendant charged with a summary only offence does not have a right to trial by jury c. A defendant charged with an indictable only offence must always be tried by a jury d. A defendant charged with an either way offence will not have a right to refuse trial by jury if the magistrates commit the case to the Crown Court

a. A defendant charged with an either way offence will not have a right to elect trial by jury if the magistrates accept jurisdiction of the case

Jamie tells Steven that he will hit him if Steven leaves his sight. Which of the following statements is most accurate? a. Applying Read v Coker (1853), this is a conditional assault b. Applying Tuberville v Savage (1669), there is no assault here because Jamie's words negate an assault c. Applying Meade and Belt (1823), there is no assault here because an assault may not be committed by words alone d. There is no assault here because there is no evidence Steven was afraid.

a. Applying Read v Coker (1853), this is a conditional assault

- 8) Consent is relevant to which elements of a sexual offence? o a. Both the actus reus and the mens rea o b. Just the actus reus o c. Just the mens rea o d. Neither the actus reus nor the mens rea

a. Both the actus reus and the mens rea End of seminar 10 questions.

4) Which case is authority for the principle that sexual infidelity may be considered as part of the contextual background to a case of loss of control? a. Clinton (2012) b. Asmelash (2013) c. Dawes; Hatter; Bowyer (2013) d. Zebedee (2013)

a. Clinton (2012)

5) Advising, soliciting, encouraging or threatening the principal to commit an offence amounts to which ONE of the following? a. Counselling b. Abetting c. Procuring d. Aiding

a. Counselling

6) Which of the following is an accurate representation of the Ghosh (1982) test on dishonesty? a. D is dishonest if the honest and reasonable person regards what D did as dishonest, and D realises that his conduct is objectively dishonest b. D is dishonest if the honest and reasonable person regards what D did as dishonest, and D thinks that his conduct is dishonest c. D is dishonest if the honest and reasonable person regards what D did as dishonest d. D is dishonest if he believes that his conduct is dishonest

a. D is dishonest if the honest and reasonable person regards what D did as dishonest, and D realises that his conduct is objectively dishonest

3) Which ONE of the following is NOT an offence under the Serious Crime Act 2007? a. Encouraging or assisting an offence being reckless as to whether it will be committed b. Encouraging or assisting an offence believing it will be committed c. Intentionally encouraging or assisting an offence d. Encouraging or assisting offences believing one or more will be committed

a. Encouraging or assisting an offence being reckless as to whether it will be committed

7) Where the act contemplated by the defendant is fundamentally different to the act which does occur, which of the following mens rea elements is required to convict the defendant of murder? a. Foresight that the principal might kill with the intention to cause GBH b. Foresight that the principal might kill with the intention to kill c. Foresight that the principal intended to cause GBH d. Foresight that the principal might cause GBH with the intention to cause GBH

a. Foresight that the principal might kill with the intention to cause GBH

15) Walter fills out a car insurance application form. In the section on previous accidents, he ticks a box which states that he has not had an accident in the last three years. In fact, Walter was involved in a serious car accident last year because he was speeding. Which type of fraud might Walter be charged with? a. Fraud by false representation and fraud by failing to disclose information b. Fraud by false representation and fraud by abuse of position c. Fraud by failing to disclose information and fraud by abuse of position d. All three types of fraud

a. Fraud by false representation and fraud by failing to disclose information

4) Which of the following parties may NOT be convicted of a conspiracy to commit an offence? a. Gail and Harry, a married couple b. Charlotte and Fortune, who are engaged to be married c. Gary and Susan, who are divorced d. Hamed, aged 10 and Trevor, an adult

a. Gail and Harry, a married couple

8) Which ONE of the following cases is authority for the principle that duress is no defence to attempted murder? a. Gotts (1992) b. Graham (1982) c. Howe (1987) d. Abbott v R (1977)

a. Gotts (1992) End of week 9 seminar questions

1) Which term best describes a person through which the principal causes the actus reus? a. Innocent agent b. Joint principal c. Secondary party d. Accessory

a. Innocent agent

9) Which of the following is NOT a requisite element of unlawful act manslaughter? a. Intention to kill or cause GBH b. An unlawful act c. Proof that the act was dangerous d. Proof that the act caused death

a. Intention to kill or cause GBH

16) Which of the following is NOT a common element of fraud? a. Intention to make a gain b. Dishonesty c. Intention to cause loss or expose another to a risk of loss d. Deception

a. Intention to make a gain End of seminar 7

1) Johnny, aged 11, steals a DVD from a music shop. Which ONE of the following statements is true? a. Johnny may be prosecuted because the age of criminal responsibility is 10. b. Johnny may not be prosecuted because the age of criminal responsibility is 14. c. Johnny may be prosecuted if the prosecution successfully rebut the presumption of doli incapax by proving that Johnny knew that his conduct was wrong or that he had "mischievous discretion". d. Johnny may not be prosecuted because of the presumption of doli incapax for children aged 10-13.

a. Johnny may be prosecuted because the age of criminal responsibility is 10. start of week 9 seminar question

7) Bill is attacked by Kevin during a fight. Bill sustains a stab wound to the chest and is taken to hospital where a doctor misdiagnoses the severity of Bill's injuries and fails to treat him properly. Kevin is charged with inflicting GBH. Which of the following authorities is NOT likely to be applied in respect of whether the doctor's negligent treatment will break the chain of causation? a. Jordan (1956) b. Smith (1959) c. Malcherek and Steel (1981) d. Cheshire (1991)

a. Jordan (1956)

16) Which of the following is NOT a recognised form of involuntary manslaughter? a. Objectively reckless manslaughter b. Gross negligence manslaughter c. Unlawful act manslaughter d. Corporate manslaughter

a. Objectively reckless manslaughter

1) Which ONE of the following is NOT an element of theft? a. Permanently depriving the owner of property b. Appropriating property c. Dishonesty d. The property must belong to another

a. Permanently depriving the owner of property Start of week 7 seminar

5) Which ONE of the following cases is an authority for the principle that a defendant who commits an offence while suffering a hypoglycaemic attack may plead automatism? a. Quick and Paddison (1973) b. Hennessy (1989) c. Sullivan (1984) d. Kemp (1957

a. Quick and Paddison (1973)

2) Daniel forces Helen to perform oral sex on his without her consent. Which of the following offences is the most appropriate to charge Daniel with? o a. Rape o b. Assault by penetration o c. Sexual assault o d. Causing another to engage in sexual activity without consent

a. Rape

6) Which of the following characteristics may NOT be taken into account in determining whether a sober person of reasonable firmness sharing the characteristics would have responded to the threats as the defendant did? a. Self-induced abuse of drugs b. Clinically recognised psychiatric condition c. Serious physical disability d. Pregnancy

a. Self-induced abuse of drugs

7) Which of the following statements about diminished responsibility is FALSE? a. The burden of disproving diminished responsibility is on the prosecution b. Diminished responsibility is no defence to attempted murder c. The abnormality of mental functioning must arise from a recognised medical condition d. There must be medical evidence to support the fact that the defendant was suffering from an abnormality of mental functioning

a. The burden of disproving diminished responsibility is on the prosecution

6) Which of the following statements correctly represents the mens rea of assault occasioning ABH under s.47, OAPA 1861? a. The mens rea of an assault or battery b. Intention or recklessness as to causing ABH c. Intention or recklessness as to causing some harm d. Recklessness as to causing ABH

a. The mens rea of an assault or battery

2) Fatima is charged with assault occasioning actual bodily harm under s.47, Offences Against the Person Act 1861. She decides to plead not guilty. She asks you where her trial will take place. Which is the correct answer? a. This is an either way offence which may be tried in either the Crown Court or the Magistrates Court b. This is an indictable only offence which must be tried in the Crown Court c. This is a summary only offence which must be tried in the Magistrates Court d. This is an either way offence and must be tried in the Magistrates Court and if she is found guilty, sentencing will take place in the Crown Court

a. This is an either way offence which may be tried in either the Crown Court or the Magistrates Court

2) Richard moves in with his elderly aunt to look after her when she falls ill. She provides him with money to do the weekly shopping. However, Richard spends the money on a new TV and fails to call for medical assistance when his elderly aunt falls ill. As a result, she dies. Under which of the following categories might the law impose a duty on Richard to act? a. Voluntary assumption of responsibility b. Special relationship c. Statutory duty d. Contractual duty

a. Voluntary assumption of responsibility

15. Which of the following cases expressed the principle that the accused in a criminal trial is presumed innocent until proven guilty a. Woolmington v DPP (1935) b. Fagan v Commissioner of Metropolitan Police (1969) c. Kennedy (No. 2)[2005] d. A [2000]

a. Woolmington v DPP (1935)

4) Sebastian has anal intercourse with Hans while he is asleep. Which ONE of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why? o a. s.75(2)(d) in order to establish evidential presumptions about consent o b. s.75(2)(e) in order to establish evidential presumptions about consent o c. s.75(2)(b) in order to establish evidential presumptions about consent o d. s.76(2)(b) in order to establish evidential presumptions about consent

a. s.75(2)(d) in order to establish evidential presumptions about consent

6) Which of the following cases is an authority on the "thin skull rule"? a. Smith (1959) b. Blaue (1975) c. Kennedy (No. 2) (2007) d. Jordan (1956)

b. Blaue (1975)

9) Which of the following can a crime not be? a)An act b)An exception c)An omission d) A state of affairs

b)An exception

8) Which of the following cases is the authority for the proposition that dutch courage is no defence? a. DPP v Majewski (1977) b. Attorney General for Northern Ireland v Gallagher (1963) c. Hardie (1985) d. O'Grady (1987)

b. Attorney General for Northern Ireland v Gallagher (1963)

12) Why was the defendant's conviction in Kennedy (No. 2) (2007) quashed in the House of Lords? a. Because the defendant did not intend to cause the death of the victim b. Because the chain of causation was broken by the free and informed act of self-injection by the victim c. Because there was no unlawful act d. Because the supply of a controlled drug is not objectively dangerous

b. Because the chain of causation was broken by the free and informed act of self-injection by the victim

4) Which of the following cases is the authority for the principle that a person implicitly consents to "the exigencies of everyday life"? a. Smith v Chief Superintendent of Woking Police Station (1983) b. Collins v Wilcock (1984) c. Donovan (1934) d. Fagan v MPC (1969)

b. Collins v Wilcock (1984)

11) What is the test for dishonesty under the Fraud Act 2006? a. The test is whether the jury believed that deception took place b. D is dishonest if the honest and reasonable person regards what D did as dishonest, and D realises that his conduct is objectively dishonest c. Dishonesty is a question of law for the judge to decide d. D is dishonest if the honest and reasonable person regards what D did as dishonest, and

b. D is dishonest if the honest and reasonable person regards what D did as dishonest, and D realises that his conduct is objectively dishonest

8) Danielle runs the marathon in order to raise money for charity. However, she spends the proceeds on a new pair of shoes. Which of the following statements is TRUE? a. Danielle will be guilty of theft and s.5(2) applies in respect of belonging to another b. Danielle will be guilty of theft and s.5(3) applies in respect of belonging to another c. Danielle will be guilty of theft and s.5(4) applies in respect of belonging to another d. Danielle will not be guilty of theft. The money belongs to Danielle because title has passed.

b. Danielle will be guilty of theft and s.5(3) applies in respect of belonging to another

3) Samantha is stopped by a police officer who wishes to carry out a lawful search of her. The police officer asks Samantha if she is carrying any needles. Samantha states that she is not. The police officer searches Samantha and is stabbed by a hypodermic needle. Under which of the following categories of duty is liability most likely to be imposed upon Samantha for her failure to act? a. Special relationship b. Duty to avert danger created c. Voluntary assumption of responsibility d. Public duty

b. Duty to avert danger created

6) Miranda and Cheryl decide to take part in a robbery of a bank. Unbeknown to Cheryl, Miranda takes a loaded gun with her. During the robbery, Miranda pulls out the gun and shoots an employee of the bank, killing him. Which of the following statements correctly represent the mens rea required to convict Cheryl of murder under the doctrine of joint enterprise? a. Foresight that Cheryl might kill b. Foresight that Cheryl might kill and that she might have the intention to kill or cause GBH c. Foresight that Cheryl might cause GBH d. Foresight that Cheryl is virtually certain to cause GBH and that Cheryl might have the intention to kill or cause GBH

b. Foresight that Cheryl might kill and that she might have the intention to kill or cause GBH

4) Which ONE of the following amounts to property for the purposes of theft? a. Electricity b. Gas c. A driving lesson d. A dead body

b. Gas

2) Which of the following cases is good authority for the proposition that a valid gift may be stolen? a. Mazo (1997) b. Hinks (2001) c. Gomez (1993) d. Lawrence v MPC (1972)

b. Hinks (2001) ?

Type: multiple choice question 3) Which of the following is NOT a suitable disposal for a defendant who is deemed to be not guilty by reason of insanity? a. A hospital order b. Imprisonment c. A supervision and treatment order d. An absolute discharge

b. Imprisonment

5) Which of the following mens rea elements is required for conspiracy? a. Suspicion that the circumstances that constitute the actus reus exist b. Intention that the agreement be carried out and the substantive offence be committed c. Recklessness as to the existence of the facts or circumstances which constitute the actus reus of the offence d. Intention to play an active part in carrying out the agreement

b. Intention that the agreement be carried out and the substantive offence be committed

7) Kevin, a money lender, threatens to cause serious injury to Paul unless Paul repays Kevin the £15,000 he owes him. As a result of these threats, Paul carries out an armed robbery on a bank and obtains £15,000 to pay Kevin. Paul is charged with robbery. Which of the following statements is true? a. Paul will be able to rely on the defence of duress to excuse his conduct in carrying out the robbery b. Paul will not be able to rely on the defence of duress because there is an insufficient nexus between the threat and the robbery c. Paul will be able to rely on the defence of duress to justify his conduct in carrying out the robbery d. Paul will not be able to rely on the defence of duress because it is no defence to robbery

b. Paul will not be able to rely on the defence of duress because there is an insufficient nexus between the threat and the robbery

8) Which of the following conditions is NOT likely to amount to an abnormality of mental functioning for the purposes of diminished responsibility? a. Pre-menstrual syndrome b. Self-induced intoxication c. Depression d. Morbid jealousy

b. Self-induced intoxication

6) According to s.54(1)(c), Coroners and Justice Act 2009 which of the following characteristics are likely to be taken into account in assessing the level of self-control to be expected of the defendant? a. Intoxication b. Sex c. Depression d. Impotence

b. Sex

8) To which of the following offences is impossibility NOT a defence? a. Common law conspiracy b. Statutory conspiracy c. Intentionally encouraging or assisting an offence d. Encouraging or assisting an offence believing it will be committed

b. Statutory conspiracy

5) Which type of liability applies to offences which provide for a defence of due diligence? a. Accessorial liability b. Strict liability c. Corporate liability d. Vicarious liability

b. Strict liability

3) Peter is convicted of theft in the Magistrates Court. He wishes to appeal against his sentence. In which court will his appeal be heard? a. The Court of Appeal b. The Crown Court c. The Divisional Court d. The Supreme Court

b. The Crown Court

5) Gerald is charged with battery and wishes to plead self-defence. Which of the following statements is true? a. The evidential burden and the legal burden of proving murder and disproving self-defence are on the prosecution b. The legal burden of proving the offence is on the prosecution but Gerald bears the evidential burden in respect of self-defence c. The legal burden of proving the offence is on the prosecution but Gerald bears the legal burden of proving self-defence d. The legal burden of disproving the offence and proving self-defence is on the Gerald

b. The legal burden of proving the offence is on the prosecution but Gerald bears the evidential burden in respect of self-defence

15) What is the test for gross negligence manslaughter as expressed by Lord Mackay in Adomako (1995)? a. Whether the negligence of the accused showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment b. Whether, having regard to the risk of death involved, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission c. Whether the defendant foresaw death or serious harm as highly probable d. Whether the defendant's conduct fell below the standard to be expected of a reasonable

b. Whether, having regard to the risk of death involved, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission

1) Which ONE of the following cases is authority for the principle that a mistaken belief that the use of force is necessary will not preclude the defence of self-defence? a. Bird (1985) b. Williams (Gladstone) (1987) c. Beckford (1988) Feedback: Beckford (1988) is authority for the principle that a pre-emptive strike does not preclude the defendant from relying upon self-defence. d. O'Grady (1987)

b. Williams (Gladstone) (1987)

14) Mick is a trustee for Luke, a 10 year old whose parents have died. Mick is given a credit card to use for "trustee business only". Mick uses the card to take his girlfriend Fatima to Cambridge for a romantic weekend. He knows that the other trustee, Ian, does not mind, even if most other people would. Has Mick committed fraud? a. No. There is no false representation made here. All fraud offences require a false representation. b. Yes. Mick has abused his position as a trustee and has intentionally gained from this?. c. No, because to constitute fraud by abuse of position, Mick would have to be dishonest. As d. Mick has breached his fiduciary duties as a Trustee. Mick cannot be prosecuted for a criminal offence as the civil law gives Luke a right to sue Mick and recover the money.

b. Yes, Mick has abused his position as a trustee and has intentionally gained from this.

10) Which of the following is not a part of the criminal justice system? a)The Police Service b) The Crown Prosecution Service c) Fire Service d)Magistrates' Courts and Crown Courts.

c) Fire Service

11) Which of the following is not frequently cited as a justification for punishment? a)Retribution and deterrence b)Incapacitation c)Revenge d)Rehabilitation

c)Revenge

5) Which of the following statements about loss of control is FALSE? a. Loss of control does not require the defendant to suffer a sudden loss of control b. A delay will not automatically negate the defence of loss of control c. A considered desire for revenge will not automatically negate the defence of loss of control d. The prosecution bears the legal burden in respect of loss of control.

c. A considered desire for revenge will not automatically negate the defence of loss of control

7) Which of the following statements about attempts is FALSE? a. Whether or not the actus reus of attempt is present is a question of fact for the jury to decide b. The actus reus requires the defendant to take steps which are more than merely preparatory towards the commission of the offence c. A defendant may not be convicted of an attempt to commit an either way offence under the Criminal Attempts Act 1981 d. Impossibility is no defence to an attempt

c. A defendant may not be convicted of an attempt to commit an either way offence under the Criminal Attempts Act 1981

8) Which of the following will always break the chain of causation? a. Negligent medical treatment b. A reasonably foreseeable escape c. A free and informed act by the victim d. An unforeseeable physical condition of the defendant

c. A free and informed act by the victim End of seminar 3 questions

18. The courts when applying English law, must interpret it in... a. A way which it is compatible with Scottish law b. A way which it is compatible with Welsh law c. A way which it is compatible with Convention rights d. A way which it is compatible with the law in all EU countries

c. A way which it is compatible with Convention rights. End of seminar 2 multiple choice

Type: multiple choice question 4) Which of the following conditions is NOT likely to amount to a defect of reason caused by a disease of the mind for the purposes of insanity? a. A seizure due to epilepsy b. A hyperglycaemic attack due to diabetes c. Absentmindedness due to depression d. Sleepwalking

c. Absentmindedness due to depression

1) Which of the following most accurately describes an offence which requires proof of actus reus elements only? a. Strict liability b. Vicarious liability c. Absolute liability

c. Absolute liability start of seminar 5

13) Which of the following statements about unlawful act manslaughter is FALSE? a. The act must be directed at the victim b. The act must cause the death of the victim c. An omission will not suffice d. The act must be a criminal offence

c. An omission will not suffice

1) Edgar penetrates Yvonne's vagina with his fingers and without her consent. Which of the following offences is the most appropriate to charge Edgar with? o a. Rape o b. Sexual assault o c. Assault by penetration o d. Causing another to engage in sexual activity without consent

c. Assault by penetration start of seminar 10 questions

8) Which of the following cases is authority for the proposition that a defendant must "countermand" or "repent" in order to successfully withdraw from a joint enterprise at the scene of the crime? a. Grundy (1977) b. Whitefield (1984) c. Becerra and Cooper (1976) d. Robinson (2000)

c. Becerra and Cooper (1976) End of seminar 4

14. Which of the following means that the prosecution has to prove the charge against the accused in criminal cases? a. Judicial review b. The margin of appreciation c. Burden of proof d. Devolution

c. Burden of proof

12) Which of the following is NOT a way in which fraud can be committed? a. By false representation b. By abuse of position c. By obtaining services by deception d. By failing to disclose information

c. By obtaining services by deception

4) Which of the following is NOT a way in which an offence under s.4, Misuse of Drugs Act can be committed? a. By producing a controlled drug b. By supplying a controlled drug c. By offering to produce a controlled drug d. By offering to supply a controlled drug to another

c. By offering to produce a controlled drug

1) Which of the following is an accurate description of voluntary manslaughter? a. Causing the death of a person without the mens rea of murder b. Causing the death of a person with an intention to kill or cause GBH c. Causing the death of a person with an intention to kill or cause GBH and a special defence d. Recklessly causing the death of a person

c. Causing the death of a person with an intention to kill or cause GBH and a special defence

1) Which ONE of the following inchoate offences was introduced by the Serious Crime Act 2007? b. Incitement c. Encouraging or assisting crime d. Attempt

c. Encouraging or assisting crime Start of seminar 4

5) Which of the following will never amount to actual bodily harm? a. Cutting someone's hair b. Psychiatric injury c. Fear, distress or panic d. Any hurt or injury calculated to interfere with health or comfort

c. Fear, distress or panic

9) Fred asks his brother Perry to lend him £50 so that he can buy his girlfriend Polly a present. In fact, Fred wants the £50 to spend in the pub. Perry paused for a second and then tells Fred that he doesn't believe him. Which ONE of the following statements is true in respect of whether Fred is guilty of fraud by false representation? a. He is not guilty because Fred has not intended to cause a loss to his brother Perry b. He is not guilty because Fred has not deceived Perry c. He is guilty because Fred has intended to gain property d. He is guilty because Fred had temporarily deceived Perry and that is adequate deception

c. He is guilty because Fred has intended to gain property

2) Which of the following statements about the conviction in Winzar v Chief Constable of Kent (1983) is FALSE? a. It was not necessary to adduce any evidence as to the state of mind of the defendant b. Involuntariness was no defence c. How the defendant came to be on the highway was highly relevant d. The defendant's conviction was justified by the need to deal with the nuisance of drunken behaviour in public places

c. How the defendant came to be on the highway was highly relevant

8) Which ONE of the following statements is FALSE? a. In a Crown Court, the judge is the tribunal of law b. In a Crown Court, the jury is the tribunal of fact only c. In a Magistrates Court, the magistrate(s) is/are the tribunal of fact only d. In a Magistrates Court, the magistrate(s) is/are both the tribunal of fact and law

c. In a Magistrates Court, the magistrate(s) is/are the tribunal of fact only

2) Which ONE of the following is NOT an actus reus element of accessorial liability? a. Counselling b. Procuring c. Inciting d. Aiding

c. Inciting

14) Ian and Joshua are drug addicts. At Joshua's request, Ian prepares a syringe of heroin and injects Joshua with it. Joshua dies and Ian is charged with unlawful act manslaughter. According to the Court of Appeal in Cato (1976), which offence could the prosecutor rely upon as the "unlawful act"? a. Supplying a controlled drug under the Misuse of Drugs Act 1971 b. Assault occasioning actual bodily harm under s.47, OAPA 1861 c. Maliciously administering a noxious thing so as to endanger life or inflict GBH, contrary to s.23, OAPA 1861 d. Possession of a controlled drug under the Misuse of Drugs Act 1971

c. Maliciously administering a noxious thing so as to endanger life or inflict GBH, contrary to s.23, OAPA 1861

1) Which of the following offences is NOT an indictable only offence? a. Wounding or causing GBH with intent under s.18, OAPA 1861 b. Maliciously wounding or inflicting GBH under s.20, OAPA 1861 c. Maliciously administering a poison with intent to injure, aggrieve or annoy under s.24, OAPA 1861 d. Maliciously administering a poison so as to endanger life or inflict GBH under s.23, OAPA 1861

c. Maliciously administering a poison with intent to injure, aggrieve or annoy under s.24, OAPA 1861 Start of week 6 seminar

6) Which of the following cases is the leading authority on submission and consent? o a. Linekar (1995) o b. Larter (1995) o c. Olugboja (1982) o d. Flattery (1877)

c. Olugboja (1982)

5) Which of the following cases is authority for the principle that a "free, deliberate and informed" act of a third party will break the chain of causation? a. Cheshire (1991) b. White (1910) c. Pagett (1963) d. Roberts (1971)

c. Pagett (1963)

1) Patty is stopped by the police. The police search her car and find a quantity of cocaine inside a small box in the glove compartment. The box was wrapped up as a birthday present and there was a gift tag attached which read, 'To Patty, Happy birthday! From Greg'. Patty claims that she had no idea that the box contained cocaine. Which ONE of the following statements is true in respect of Patty's liability? a. Patty might be charged with possession of a Class B drug under s.5(2) and might have a defence under s.28. b. Patty will be convicted of possession of a Class A drug under s.5(2). c. Patty might be charged with possession of a Class A drug under s.5(2) and might have a defence under s.28. d. Patty might be charged with possession of a Class A drug under s.5(2) and might have a defence under s.5(4).

c. Patty might be charged with possession of a Class A drug under s.5(2) and might have a defence under s.28. Start of seminar 11 questions.

16. Which of the following is not a function of the judge? a. Decide on all legal questions which may arise b. To interpret the law without any restrictions c. Provide a summary of the evidence to the jury d. Direct the jury on the law

c. Provide a summary of the evidence to the jury

4) Which of the following cases is authority for the principle that procuring means "to produce by endeavour"? a. Calhaem (1985) b. Wilcox v Jeffery (1951) c. Bainbridge (1960) d. AG's Reference (No 1 of 1975) (1975)

d. AG's Reference (No 1 of 1975) (1975)

1) Matthew is charged with robbery and wants to plead not guilty. He asks you where his trial will take place. Which is the correct answer? a. Robbery is an either way offence so Matthew may be tried in the Magistrates Court or the Crown Court b. Robbery is an indictable only offence so Matthew will be tried in the Magistrates Court c. Robbery is an indictable only offence so Matthew will be tried in the Crown Court d. Robbery is an indictable offence so Matthew may be tried in the Crown Court

c. Robbery is an indictable only offence so Matthew will be tried in the Crown Court start of seminar 2 questions

7) Which of the following cases is an authority demonstrating application of the identification doctrine? a. Larsonneur b. Gammon (Hong Kong) Ltd v Attorney General of Hong Kong c. Tesco Supermarkets Ltd v Nattrass d. Sweet v Parsley

c. Tesco Supermarkets Ltd v Nattrass End of week seminar 5

13) Which of the following was NOT a reason given for repealing the old deception offences? a. The deceptions offences were too technical b. The deception offences were too specific c. The deception offences were far too widely drafted d. They led to unjustified acquittals

c. The deception offences were far too widely drafted

4) Which of the following statements is true in respect of the burden of proof for self-defence? a. The prosecution bear the evidential burden and the legal burden b. The defence bear the evidential burden and the legal burden c. The defence bear the evidential burden and the prosecution bear the legal burden d. The prosecution bear the evidential burden and the defence bear the legal burden

c. The defence bear the evidential burden and the prosecution bear the legal burden

3) Which of the following factors is NOT a relevant consideration in determining whether a defence of self-defence will be successful? a. Whether the force used was reasonable in the circumstances as the defendant believed them to be b. Whether the defendant acted in the heat of the moment c. The defendant's psychiatric condition in respect of whether or not the defendant used reasonable force d. Whether the defendant's mistaken belief that the use of force was necessary was an honest one

c. The defendant's psychiatric condition in respect of whether or not the defendant used reasonable force

2) Who decides whether a defendant is fit to plead in the Crown Court (i.e., fit to stand trial)? a. The jury b. Two registered medical practitioners c. The judge d. The defence lawyer

c. The judge

5) Which of the following does NOT constitute an 'occupier' for the purposes of the offence of being an occupier of premises which he knowingly permits to be used for certain drug-related activities under s.8, Misuse of Drugs Act 1971? a. Lessees on the premises b. Licencees on the premises c. Visitors on the premises d. Owners on the premises

c. Visitors on the premises End of seminar 11

5) Stella has sexual intercourse with Stanley after he persuades her that he is a famous pop star. Which of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why? o a. s.76(2)(b) in order to establish evidential presumptions about consent o b. The definition of consent under s.74 o c. s.76(2)(b) in order to establish conclusive presumptions about consent o d. s.76(2)(a) in order to establish conclusive presumptions about consent

c. s.76(2)(b) in order to establish conclusive presumptions about consent

11) Which of the following most accurately describes the test of dangerousness from Church (1966)? a. The defendant recognised a risk of death b. A reasonable person would recognise a risk of serious injury to the victim c. A reasonable person would recognise a risk of death to the victim d. A reasonable person would recognise a risk of some harm to the victim

d. A reasonable person would recognise a risk of some harm to the victim

4) Which of the following cases is NOT an authority on the presumption of mens rea? a. Gammon (Hong Kong) Ltd v Attorney General of Hong Kong (1985) b. Sweet v Parsley (1970) c. B (a minor) v DPP (2000) d. Allen v Whitehead (1930)

d. Allen v Whitehead (1930)

3) According to the general rule, consent may provide a defence to which of the following offences? a. Wounding or causing GBH with intent under s.18, OAPA 1861 b. Maliciously wounding or inflicting GBH under s.20, OAPA 1861 c. Assault occasioning ABH under s.47, OAPA 1861 d. Battery

d. Battery

10) Bert, an habitual burglar, breaks into a block of retirement flats at night. He enters Maud's flat. Maud is an elderly lady with a weak heart. She interrupts Bert while he is rifling through her cupboards. Maud suffers a heart attack due to shock and dies. Which of the following is most likely to apply? a. Bert will be convicted of murder because it was virtually certain that Maud would have a heart attack and die and Bert realised this. b. Bert will be convicted of attempted murder. c. Bert will not be convicted of unlawful act manslaughter because the reasonable man would not have recognised the risk of some harm. d. Bert will be convicted of unlawful act manslaughter. The act of burglary became dangerous when Bert saw that Maud was an elderly lady and realised that there was a risk of some harm to her.

d. Bert will be convicted of unlawful act manslaughter. The act of burglary became dangerous when Bert saw that Maud was an elderly lady and realised that there was a risk of some harm to her.

7) Bill takes some tablets which usually have a sedative effect but they actually cause Bill to become violent and he attacks his girlfriend whilst in an intoxicated state. Which of the following statements is true? a. Bill was voluntarily intoxicated and has a defence to any charge b. Bill may use evidence of his voluntary intoxication to negate the mens rea for a specific intent offence c. Bill may use evidence of his voluntary intoxication to negate the mens rea for a basic intent offence d. Bill was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved

d. Bill was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved

2) Boris attends Ken's stag do. After many drinks, Boris takes to the dance floor in an attempt to impress a girl. When Ken hears a Bee Gees tune being played, he runs to the dance floor in excitement. Boris sees Ken running towards him with a fist in the air and mistakenly believes that Ken is about to strike him. Boris punches Ken in the face, knocking him to the floor. Boris is charged with battery and wishes to plead self-defence. Which of the following statements is most likely to be true? a. Boris will be able to rely on the defence of self-defence b. Boris will not be able to rely on self-defence because he struck Ken first c. Boris will not be able to rely on self-defence because mistake precludes the defence d. Boris will not be able to rely on self-defence because his mistake was due to intoxication

d. Boris will not be able to rely on self-defence because his mistake was due to intoxication

3) Which ONE of the following does NOT amount to property for the purposes of theft? a. Money b. A share in a company c. Flicker, a pet dog d. Confidential information

d. Confidential information

4) Mohammed, a zoo keeper in charge of the lions' den, leaves the door to the lions' den unlocked after feeding time. A lion escapes and attacks a visitor to the zoo. Under which of the following categories of duty is liability most likely to be imposed upon Mohammed for his failure to act? a. Special relationship b. Voluntary assumption of responsibility c. Statutory duty d. Contractual duty

d. Contractual duty

2) Norman asks Mary to provide him with a can of petrol and some rags so that he can set fire to Toby's car. Mary gives Norman the petrol but Norman does not set fire to the car. Which of the following offences might Mary be convicted of? a. Conspiracy to commit arson b. No offence because Norman does not set fire to the car c. Inciting arson d. Encouraging or assisting arson believing it will be committed

d. Encouraging or assisting arson believing it will be committed

7) Which of the following cases is the leading authority on the meaning of "sexual"? o a. Thomas (1995) o b. Tabassum (2000) o c. B (2006) o d. H (2005)

d. H (2005)

What is the mens rea for attempted murder and which authority supports this? a. Intention to kill or cause GBH - Pearman (1985) b. Intention to kill or cause GBH - Whybrow (1951) c. Intention to kill - Pearman (1985) d. Intention to kill - Whybrow (1951)

d. Intention to kill - Whybrow (1951)

10) Lucinda wants her son Elvis to attend St Elmores school. Unfortunately, she does not live in the school's catchment area. Her friend Sehra tells her to use her address as Sehra lives in the catchment area. Lucinda puts down Sehra's address on Elvis's school application form. Has Lucinda committed fraud by false representation? a. Yes, because under s.5, Fraud Act 2006 a school place definitely does amount to property b. No. There has been no false representation made because a false representation needs to be an oral statement c. No, because the false representation has been made by Sehra to the school because she d. It is very unlikely that she will be guilty because a school place cannot amount to property under s.5, Fraud Act 2006

d. It is very unlikely that she will be guilty because a school place cannot amount to property under s.5, Fraud Act 2006

6) Marie's drink is spiked with a drug which causes her to lash out and attack Scarlet. Which of the following statements is true? a. Marie was voluntarily intoxicated and may use the evidence of intoxication to negate her mens rea for any offence b. Marie was voluntarily intoxicated and may only use the evidence of intoxication to negate her mens rea for a specific intent offence c. Marie was involuntarily intoxicated and only has a defence to a specific intent offence provided the mens rea is not proved d. Marie was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved

d. Marie was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved

3) Loss of control is a defence to which ONE of the following offences? a. Attempted murder b. Involuntary manslaughter c. Voluntary manslaughter d. Murder

d. Murder

2) Which of the following is not sufficient mens rea for murder? a. Intention to cause really serious harm b. Malice aforethought c. Foresight that death is virtually certain to occur d. Premeditation

d. Premeditation

6) Rita is charged with murder and pleads diminished responsibility. Where does the burden lie in respect of the defence and what is the relevant standard of proof? a. The prosecution bears the burden of disproving diminished responsibility beyond reasonable doubt b. The prosecution bears the burden of disproving diminished responsibility on a balance of probabilities c. Rita bears the burden of proving diminished responsibility beyond reasonable doubt d. Rita bears the burden of proving diminished responsibility on a balance of probabilities

d. Rita bears the burden of proving diminished responsibility on a balance of probabilities

2) Lucius works at a factory. After work, when all his colleagues have gone home, Lucius goes down to the basement of the factory where he has set up a methylamphetamine lab. Ronnie is a night security guard at the factory. Every night, Ronnie unlocks the basement for Lucius and keeps the fire doors open at Lucius' request. Ronnie knows what Lucius is up to but decides to turn a blind eye. Which ONE of the following statements is true in respect of Ronnie's liability? a. Ronnie cannot be guilty of an offence under the Misuse of Drugs Act 1971 as he does not make the drugs himself. Merely opening doors for Lucius is not sufficient for liability. b. Ronnie could only be convicted of being an occupier or concerned in the management of the premises which he knowingly permits or suffers to be used for the production of a Class A drug, contrary to s.8, Misuse of Drugs Act 1971. c. Ronnie could be convicted of producing or being concerned in the production of a Class B drug, contrary to s.4(2), Misuse of Drugs Act 1971 as he is not the one making the drug. d. Ronnie could be convicted of being concerned in the production of a Class A drug, contrary to s.4(2), Misuse of Drugs Act 1971 and/or being an occupier or concerned in the management of the premises which he knowingly permits or suffers to be used for the production of a Class A drug, contrary to s.8, Misuse of Drugs Act 1971.

d. Ronnie could be convicted of being concerned in the production of a Class A drug, contrary to s.4(2), Misuse of Drugs Act 1971 and/or being an occupier or concerned in the management of the premises which he knowingly permits or suffers to be used for the production of a Class A drug, contrary to s.8, Misuse of Drugs Act 1971

8) Which of the following is NOT an exception to the general rule that consent is only a defence to assault and battery? a. Rough horseplay b. Tattooing c. Surgery d. Sexual gratification

d. Sexual gratification End of Week 6 seminar

1) Peggy fails to feed her 3 year old daughter, Lisa. Lisa dies due to starvation. Under which of the following categories of duty is liability most likely to be imposed upon Peggy for her failure to act? a. Contractual duty and statutory duty b. Public duty and special relationship c. Danger to avert danger created and contractual duty d. Special relationship and statutory duty

d. Special relationship and statutory duty start of seminar 3 questions

6) Which of the following is NOT a valid argument against strict liability? a. Strict liability violates the principle of actus non facit reum nisi mens sit rea b. Strict liability can result in the punishment of a defendant who has acted reasonably c. A defendant convicted of a strict liability offence faces punishment through the stigma of conviction of a criminal offence d. Strict liability offences are difficult to prove

d. Strict liability offences are difficult to prove

17. Which of the following Acts gives effect in English law to the rights guaranteed in the European Convention of Human Rights and Fundamental Freedoms? a. The Criminal Justice Act 2003 b. The Fraud Act 2006 c. The Rights of the Persons Act 1997 d. The Human Rights Act 1998

d. The Human Rights Act 1998

4) Rahul is acquitted after a successful submission of no case to answer by his defence counsel during his trial for rape in the Crown Court. The prosecution wish to appeal against his acquittal. Which of the following statements is true? a. The prosecution may not appeal against an acquittal b. The prosecution may appeal to the Supreme Court c. The prosecution may appeal to the Divisional Court d. The prosecution may appeal to the Court of Appeal

d. The prosecution may appeal to the Court of Appeal

5) Which ONE of the following threats does duress NOT apply to? a. Threats of death towards the defendant b. Threats of serious injury towards the defendant's wife of 20 years c. Threats of serious injury towards the defendant's girlfriend of 1 month d. Threats of serious financial ruin

d. Threats of serious financial ruin

7) Which of the following is an authority for the principle that property left out as refuse is capable of being stolen? a. Turner (No. 2) (1971) b. Hibbert v McKiernan (1948) c. Oxford v Moss (1979) d. Williams v Phillips (1957)

d. Williams v Phillips (1957)

3) Jed has sexual intercourse with Victoria after kidnapping her. Which ONE of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why? o a. s.76(2)(a) in order to establish conclusive presumptions about consent o b. s.75(2)(c) in order to establish conclusive presumptions about consent o c. s.75(2)(d) in order to establish evidential presumptions about consent o d. s.75(2)(c) in order to establish evidential presumptions about consent

d. s.75(2)(c) in order to establish evidential presumptions about consent