Skip to main content
United States
Jump To
Register or Log In
Register or Log In
Disciplines
Disciplines
Accounting
arrow_forward
Anthropology
arrow_forward
Art and Architecture
arrow_forward
Biology and Life Sciences
arrow_forward
Business/Marketing
arrow_forward
Chemistry
arrow_forward
Classical Studies
arrow_forward
Communication, Media Studies, & Journalism
arrow_forward
Criminal Justice/Criminology
arrow_forward
Earth and Environmental Science
arrow_forward
Economics
arrow_forward
Education
arrow_forward
Engineering
arrow_forward
English
arrow_forward
Finance
arrow_forward
Geography
arrow_forward
Health Sciences and Nursing
arrow_forward
History
arrow_forward
Law
arrow_forward
Music
arrow_forward
Neuroscience
arrow_forward
Philosophy
arrow_forward
Physics
arrow_forward
Political Science/Politics
arrow_forward
Psychology
arrow_forward
Religion
arrow_forward
Social Work
arrow_forward
Sociology
arrow_forward
Women's, Gender & Sexuality Studies
arrow_forward
Instructors
Students
Integration
Contact Us
Return to Smith, Hogan, and Ormerod's Essentials of Criminal Law 3e Resources
Chapter 14 Multiple choice questions
General defences
Select a Topic
Select a Topic
Duress
Insanity
Public and Private defence
Number of questions to try
Start Quiz
*
not completed
true
correct
incorrect
false
correct
incorrect
*
not completed
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
correct
incorrect
b. An excusatory defence is any defence that excuses D from liability (ie, any defence that results in acquittal)
correct
incorrect
c. An excusatory defence is a defence where D commits an offence as a result of a genuine and reasonable mistake
correct
incorrect
d. An excusatory defence is one which applied because of D's abnormal mental state
correct
incorrect
*
not completed
Does the defence of duress apply to murder?
a. Yes, but only where D is threatened with death
correct
incorrect
b. Yes
correct
incorrect
c. Yes, but only where X threatens to kill multiple people unless D commits murder
correct
incorrect
d. No
correct
incorrect
*
not completed
What kind of threat is required for the defence of duress by threats?
a. It must be a threat of death
correct
incorrect
b. It must be a threat to life or serious injury
correct
incorrect
c. It must be a threat to cause a greater harm than the offence X demands of D
correct
incorrect
d. Any threat will be sufficient if it causes D to commit the offence demanded
correct
incorrect
*
not completed
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
correct
incorrect
b. D must display what fortitude she is capable of in resisting the threat and demand from X
correct
incorrect
c. D need not display any fortitude in resisting the threat and demand from X
correct
incorrect
d. D must never give into the threat or demand from X
correct
incorrect
*
not completed
What makes duress by circumstances different from duress by threats?
a. There is no threat to D
correct
incorrect
b. The treat is not coming from a person, but it implied by the circumstances
correct
incorrect
c. X threatens D in a variety of ways, not just with life or serious injury
correct
incorrect
d. Duress by circumstances is the same as necessity
correct
incorrect
*
not completed
What is the leading case on the defence of duress?
a. Re A [2000] 4 All ER 961
correct
incorrect
b. Gladstone Williams (1984) 78 Cr App R 276
correct
incorrect
c. Duress is defined in statute
correct
incorrect
d. Hasan [2005] UKHL 22
correct
incorrect
*
not completed
Can the insanity rules ever apply as a defence?
a. No, the insanity rules only act as denials of offending
correct
incorrect
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
correct
incorrect
c. Yes, but only where D suffers from a particular mental illness
correct
incorrect
d. Yes, where D suffers a defect of reason as a result of a disease of the mind
correct
incorrect
*
not completed
What is the leading case on the insanity rules?
a. M'Naghten (1843) 4 St Tr NS 847
correct
incorrect
b. DPP v Majewski [1977] AC 443
correct
incorrect
c. Heard [2007] EWCA Crim 125
correct
incorrect
d. Coley [2013] EWCA Crim 223
correct
incorrect
*
not completed
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
correct
incorrect
b. ... she completed the actus reus and mens rea of the offence charged, but the insanity rules mean that she should still be acquitted
correct
incorrect
c. ... her diagnosed medical condition make her completion of the offence irrelevant
correct
incorrect
d. ... she requires hospitalisation as opposed to prison (or other punishment) in order to recover from her metal condition
correct
incorrect
*
not completed
If the insanity rules are satisfied, what verdict will this result in?
a. Guilty
correct
incorrect
b. Not guilty
correct
incorrect
c. Guilty by reason of insanity
correct
incorrect
d. Not guilty by reason of insanity
correct
incorrect
*
not completed
Which of the following statements about the insanity rules are NOT true?
a. The definition of insanity is not based on a medical test
correct
incorrect
b. Sleepwalking can amount to insanity
correct
incorrect
c. The insanity rules are now codified within the Mental Capacity Act 2005
correct
incorrect
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
correct
incorrect
*
not completed
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
correct
incorrect
b. D did not understand the nature or quality of her conduct
correct
incorrect
c. D did not understand her conduct was morally wrong
correct
incorrect
d. D did not understand that her conduct was legally wrong
correct
incorrect
*
not completed
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
correct
incorrect
b. A justificatory defence is any defence which results in D's acquittal
correct
incorrect
c. A justificatory defence challenges the wrongfulness of D's actions
correct
incorrect
d. A justificatory defence applies where D did not complete all elements of the offence
correct
incorrect
*
not completed
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
correct
incorrect
b. D must believe that her life is in danger
correct
incorrect
c. D must believe that it is necessary to use force to protect herself or another, or to prevent a crime
correct
incorrect
d. D must believe that the degree of force she uses is reasonable
correct
incorrect
*
not completed
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
correct
incorrect
b. D must have reasonably believed that force was necessary
correct
incorrect
c. The degree of force used by D to resist V must have been reasonable based on the true objective facts of the case
correct
incorrect
d. The degree of force used by D to resist V must have been reasonable on the facts as she believed them to be
correct
incorrect
*
not completed
When will the public and private defence be excluded?
a. Certain categories of offence, and/or where D is intoxicated
correct
incorrect
b. Where D's offence does not involve the use of force, and/or where D is intoxicated
correct
incorrect
c. Where D's offence does not involve the use of force, and/or where D acts in circumstances of prior-fault
correct
incorrect
d. Certain categories of offence, and/or where D is delusional
correct
incorrect
*
not completed
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
correct
incorrect
b. Where D is a householder only
correct
incorrect
c. Where D has committed murder
correct
incorrect
d. Where D is a householder; or where D has committed murder
correct
incorrect
*
not completed
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
correct
incorrect
b. The public and private defence is commonly referred to as self-defence
correct
incorrect
c. The public and private defence results in a full acquittal
correct
incorrect
d. The public and private defence will only apply where D is threatened with death or serious injury
correct
incorrect
Exit Quiz
Next Question
Review all Questions
Submit Quiz
Reset
Are you sure?
You have some unanswered questions. Do you really want to submit?
Printed from , all rights reserved. © Oxford University Press, 2022
Select your Country
×