Chapter 6 Multiple choice questions

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. 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 correct incorrect

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

The defendant is acquitted of the charge correct incorrect

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

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. The test for duress involves...

Both subjective and objective elements correct incorrect

Only subjective elements correct incorrect

Only objective elements correct incorrect

Neither subjective nor objective elements correct incorrect

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

Rodger and Rose (1998) correct incorrect

Bowen (1996) correct incorrect

Howe (1987) correct incorrect

Graham (1982) correct incorrect

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. 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 correct incorrect

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

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

Duress can always be used as a defence to murder correct incorrect

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. 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 correct incorrect

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

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

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

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. 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 correct incorrect

Necessity correct incorrect

Private defence correct incorrect

Personal defence correct incorrect

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. Private defence requires that the force used must be…

Necessary and reasonable correct incorrect

Forthcoming and rational correct incorrect

Foreseeable and necessary correct incorrect

Imminent and reasonable correct incorrect

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

R v. Howe (1987) correct incorrect

Williams (1984) correct incorrect

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

Russell and Russell (1987) correct incorrect

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

Article 2 correct incorrect

Article 4 correct incorrect

Article 6 correct incorrect

Article 8 correct incorrect

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. 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) correct incorrect

Ireland v United Kingdom (1978) correct incorrect

McCann and Others v United Kingdom (1966) correct incorrect

Goodwin v United Kingdom (2002) correct incorrect