Chapter 6 Multiple choice questions - Criminal Law, 16e Student Resources

. What is the effect of a successful plea of duress?

The defendant is convicted but the sentence he would have received is halved due to duress

The defendant is convicted but the fact that he acted under duress is a mitigating factor that is taken into account when sentencing.

The defendant is acquitted of the charge

The defendant is convicted of a less serious offence than the offence for which he was charged.

. The test for duress involves...

Both subjective and objective elements

Only subjective elements

Only objective elements

Neither subjective nor objective elements

. In which of the following cases was the test for duress set out by Lord Lane CJ?

Rodger and Rose (1998)

Bowen (1996)

Howe (1987)

Graham (1982)

. What decision did the Lords make in Howe (1987) which effectively reversed their decision in Northern Ireland v Lynch (1975)?

Duress is a defence to murder but there must be a distinction made between principal and secondary parties

Duress is not a defence to murder whether as a principal or secondary party

Duress is a defence to murder only when the principal party has been charged with murder

Duress can always be used as a defence to murder

. What is the defence of necessity?

A situation where a person commits an offence to avoid a greater evil to himself or another which would ensue from the objective dangers arising from the circumstances in which he or that other are placed

A situation where a person is put under pressure to commit an offence otherwise they will suffer some harm

A situation where a person refuses to commit an offence which it is deemed necessary that they commit

A situation where a person commits an offence which a 'reasonable man' would think is necessary

. What is the name of the defence which an accused may seek to plead where his claim is that he acted as he did to protect himself or his property?

Public defence

Necessity

Private defence

Personal defence

. Private defence requires that the force used must be…

Necessary and reasonable

Forthcoming and rational

Foreseeable and necessary

Imminent and reasonable

. Which of the following cases laid down test for the reasonableness of the force used?

R v. Howe (1987)

Williams (1984)

Attorney-General for Northern Ireland's Reference (No.1 of 1975)

Russell and Russell (1987)

. Which of the following Article's of the ECHR relates to fatal force?

Article 2

Article 4

Article 6

Article 8

. In which of the following cases was the United Kingdom found to be in breach of Article 2?

Campbell and Cozans v United Kingdom (1982)

Ireland v United Kingdom (1978)

McCann and Others v United Kingdom (1966)

Goodwin v United Kingdom (2002)