Chapter 14 Multiple choice questions

true

false

What is an excusatory defence?

a. An excusatory defence accepts that D's actions were wrongful but challenges the idea that D can be blamed because of circumstances personal to her

b. An excusatory defence is any defence that excuses D from liability (ie, any defence that results in acquittal)

c. An excusatory defence is a defence where D commits an offence as a result of a genuine and reasonable mistake

d. An excusatory defence is one which applied because of D's abnormal mental state

Does the defence of duress apply to murder?

a. Yes, but only where D is threatened with death

b. Yes

c. Yes, but only where X threatens to kill multiple people unless D commits murder

d. No

What kind of threat is required for the defence of duress by threats?

a. It must be a threat of death

b. It must be a threat to life or serious injury

c. It must be a threat to cause a greater harm than the offence X demands of D

d. Any threat will be sufficient if it causes D to commit the offence demanded

Where D is threatened by X to commit an offence, which of the following reactions is consistent with the defence of duress?

a. D should display a reasonable fortitude in resisting the threat and demand from X

b. D must display what fortitude she is capable of in resisting the threat and demand from X

c. D need not display any fortitude in resisting the threat and demand from X

d. D must never give into the threat or demand from X

What makes duress by circumstances different from duress by threats?

a. There is no threat to D

b. The treat is not coming from a person, but it implied by the circumstances

c. X threatens D in a variety of ways, not just with life or serious injury

d. Duress by circumstances is the same as necessity

What is the leading case on the defence of duress?

a. Re A [2000] 4 All ER 961

b. Gladstone Williams (1984) 78 Cr App R 276

c. Duress is defined in statute

d. Hasan [2005] UKHL 22

Can the insanity rules ever apply as a defence?

a. No, the insanity rules only act as denials of offending

b. Yes, where D suffers a defect of reason as a result of a disease of the mind, and this causes her not to know that her conduct was legally wrong

c. Yes, but only where D suffers from a particular mental illness

d. Yes, where D suffers a defect of reason as a result of a disease of the mind

What is the leading case on the insanity rules?

a. M'Naghten (1843) 4 St Tr NS 847

b. DPP v Majewski [1977] AC 443

c. Heard [2007] EWCA Crim 125

d. Coley [2013] EWCA Crim 223

Where insanity operates as a defence, D is claiming that...

a. ... she did not commit the offence because her insane state meant that she lacked mens rea

b. ... she completed the actus reus and mens rea of the offence charged, but the insanity rules mean that she should still be acquitted

c. ... her diagnosed medical condition make her completion of the offence irrelevant

d. ... she requires hospitalisation as opposed to prison (or other punishment) in order to recover from her metal condition

If the insanity rules are satisfied, what verdict will this result in?

a. Guilty

b. Not guilty

c. Guilty by reason of insanity

d. Not guilty by reason of insanity

Which of the following statements about the insanity rules are NOT true?

a. The definition of insanity is not based on a medical test

b. Sleepwalking can amount to insanity

c. The insanity rules are now codified within the Mental Capacity Act 2005

d. Whether a diabetic coma is treated as insanity depends on whether the coma was induced by a lack of insulin or a failure to eat properly after taking insulin

Where insanity is applied as a defence, the claim is generally that D did not know what she was doing was wrong. What does this element of the insanity rules require?

a. D may have understood that her conduct might be condemned by others, but her mental condition made it difficult for her to act upon that understanding

b. D did not understand the nature or quality of her conduct

c. D did not understand her conduct was morally wrong

d. D did not understand that her conduct was legally wrong

What is a justificatory defence?

a. A justificatory defence accepts that D's actions were wrongful but challenges the idea that D can be blamed because of circumstances personal to her

b. A justificatory defence is any defence which results in D's acquittal

c. A justificatory defence challenges the wrongfulness of D's actions

d. A justificatory defence applies where D did not complete all elements of the offence

The public and private defence includes a subjective and an objective limb. What is the subjective limb?

a. D must reasonably believe that force is required to protect herself or another, or to prevent a crime

b. D must believe that her life is in danger

c. D must believe that it is necessary to use force to protect herself or another, or to prevent a crime

d. D must believe that the degree of force she uses is reasonable

The public and private defence includes a subjective and an objective limb. What is the objective limb?

a. D must believe that it is necessary to use force to protect herself or another, or to prevent a crime

b. D must have reasonably believed that force was necessary

c. The degree of force used by D to resist V must have been reasonable based on the true objective facts of the case

d. The degree of force used by D to resist V must have been reasonable on the facts as she believed them to be

When will the public and private defence be excluded?

a. Certain categories of offence, and/or where D is intoxicated

b. Where D's offence does not involve the use of force, and/or where D is intoxicated

c. Where D's offence does not involve the use of force, and/or where D acts in circumstances of prior-fault

d. Certain categories of offence, and/or where D is delusional

Under what circumstances will adapted versions of the public and private defence be applied?

a. Where D is a householder; intoxicated; or suffering from a mental illness or delusion

b. Where D is a householder only

c. Where D has committed murder

d. Where D is a householder; or where D has committed murder

Which of the following statements about the public and private defence is NOT true?

a. The public and private defence is partially defined in statute

b. The public and private defence is commonly referred to as self-defence

c. The public and private defence results in a full acquittal

d. The public and private defence will only apply where D is threatened with death or serious injury

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