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Return to Subject Area Student Resources for Criminal Law
Self-test questions: General defences
Quiz Content
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Theo worked as a bar steward in a hotel. One night he had stayed after hours, playing poker with Bruce, a patron of the hotel. By the end of the evening, Theo had lost all his money and owed Bruce £1,000. Bruce told him, if he did not pay him the £1,000 by the end of the following evening he would break his legs.
Theo, using keys he had as a steward, went in Gladys' room and took a necklace. He received £1,500 from the pawn broker and paid Bruce the £1,000 he owed. What is the criminal law on general defences that applies to Theo?
Theo would not be guilty of burglary under s. 9(1)(a) Theft Act 1968, as he would successful argue the defence of duress by threats.
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Theo would not be guilty of burglary under s. 9(1)(a) Theft Act 1968, as he would successful argue the defence self-defence.
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Theo would be guilty of burglary under s. 9(1)(a) Theft Act 1968, as he would have no defence available to him.
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Theo would not be guilty of burglary under s. 9(1)(a) Theft Act 1968, as he would successful argue the defence of duress by circumstances.
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Theo would be guilty of aggravated burglary under s. 10 Theft Act 1968, as he would have no defence available to him.
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Ingrid and Delilah are stranded at sea after their boat was wrecked in turbulent seas. They are sat on a piece of driftwood, but realise that it cannot hold both of them for much longer before it breaks. In this event they will both die. Delilah decides to take action and pushes Ingrid off the driftwood knowing she will drown in the ocean, which she does. Which of the following statements most accurately reflects the correct principle of law that applies to Delilah?
Delilah will be guilty of gross negligence manslaughter as she owed a duty of care to Ingrid and breached it.
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Delilah will be guilty of manslaughter by diminished responsibility as she experienced an abnormality of mental functioning.
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Delilah will not be guilty of murder as she acted in public defence.
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Delilah will be guilty of murder as no defence applies to this situation.
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Delilah will not be guilty of murder as she can successfully argue the defence of duress by circumstances.
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Sarah had a nervous disposition with a long-standing fear of being murdered in her home. Gerard, her elderly neighbour, mistakenly forced the door to her house open late one evening when he was returning from the pub. Believing she was about to be attacked, Sarah hit Gerard several times with a golf club that was in the hall way. Gerard died as a result of his injuries. What is the criminal law on general defences that applies to Sarah?
Sarah is not guilty of an offence against Gerard as she can successfully argue self-defence.
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Sarah is not guilty of a homicide offence against Gerard as she can successfully argue duress by circumstances.
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Sarah is guilty of a homicide offence against Gerard as she used a disproportionate amount of force to deal with the threat she believed he posed to her.
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Sarah is guilty of a homicide offence against Gerard as the size of threat is judged objectively. Her mistaken belief is therefore irrelevant to self-defence.
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Sarah is not guilty of a homicide offence against Gerard as she is acting out of necessity.
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Ronnie orders Dushane to steal £150 from Shelley's handbag which is under a table. Ronnie threatens to tell Dushane's family that Dushane is a paedophile (which he is not) and to kill his cat if he does not do it. Dushane steals the money and Shelley only realises the money is missing when she returns home. What is the law on criminal defences that applies to Dushane?
Dushane has no defence and is guilty of robbery.
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Dushane has no defence and is guilty of theft.
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Dushane is not guilty of an offence as he can successfully argue the defence of duress.
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Dushane is not guilty of any offence as he can successfully rely on self-defence.
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Dushane is not guilty of any offence as his actions were not voluntary.
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To successfully apply the defence of self-defence, what level is force is required and whose perspective is this judged by?
s. 76(5A) Criminal Justice and Immigration Act 2008 establishes that force used in self-defence must always be reasonable in the circumstances as the defendant genuinely believed them to be.
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s. 76(5A) Criminal Justice and Immigration Act 2008 establishes that force used in self-defence can be disproportionate in the circumstances as the defendant genuinely believed them to be, only where the defendant is a police officer or security guard.
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s. 76(5A) Criminal Justice and Immigration Act 2008 establishes that force used in self-defence must always be reasonable in the circumstances as the voluntary intoxicated defendant genuinely believed them to be.
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s. 76(5A) Criminal Justice and Immigration Act 2008 establishes that force used by householders can be grossly disproportionate in the circumstances as the householder genuinely believed them to be.
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s. 76(5A) Criminal Justice and Immigration Act 2008 established that force used in self-defence can be disproportionate in the circumstances as the defendant believed them to be, only where the defendant is a householder.
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Fin joined a gang that he knew stole from shops and frightened members of the public for fun. He was asked by the gang leader, Jam, to steal cans of beer from the local off licence. Failure to do so would lead to a violent attack on Fin by the other gang members. Fin was caught outside the off licence with 10 cans of beer in his rucksack. Which of the following statements is most accurate that relates to his criminal liability?
Fin is not be liable for any offence as he can successfully argue duress by threats.
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Fin is not be liable for any offence as he can successfully argue duress by circumstances.
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Fin is not liable for any offence as he can successfully argue he that he acted out of self-defence.
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Fin is liable for robbery as he has no defence available to him as he acted without any undue influence.
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Fin is liable for theft as he has no defence available to him as he voluntarily associated with the gang.
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Doris was heavily pregnant when Lucy, aged 15, told her to purchase alcohol for her and her friends otherwise she would attack her pregnant body with a knife. Despite Lucy being of a small build and Doris being much larger, Doris bought the alcohol. Which of the following statements most accurately reflects Doris' criminal liability?
Doris would not be liable for an offence under s. 146 Licencing Act 2003 because she can successful argue the defence of duress by circumstances.
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Doris would not be liable for an offence under s. 146 Licencing Act 2003 as she can successfully argue self-defence.
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Doris would be liable for an offence under s. 146 Licencing Act 2003 as she would not be able to successfully argue the defence of duress by threats because the threat was not of sufficiently high degree of harm.
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Doris would be liable for an offence under s. 146 Licencing Act 2003 as she would not be able to successfully argue defence of duress by threats as she did not exercise a reasonable amount of fortitude to resist the threat.
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Doris would not be liable for an offence under s. 146 Licencing Act 2003 as she can successfully argue the defence of duress by threats.
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Mike witnessed Prince steal a purse out of Sara's handbag in the street and chased him. He caught up with Prince and had him in a head-lock whilst calling to an onlooker to call the police. Fred had not seen the chase, but saw Mike holding Prince in a head lock. He believed that Mike was assaulting Fred, who was a much smaller build than Mike, and Fred punched Mike in the face in an attempt to assist Prince. Which of the following statements most accurately applies to Fred's criminal liability?
Fred had an honest belief that Prince was being assaulted, but there were no reasonable grounds for believing this and he therefore cannot rely on self-defence.
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Fred had an honest belief that Prince was being assaulted. It does not matter whether he had reasonable grounds for believing this in order for self-defence to apply.
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Fred is guilty of an offence against the person because he was not using force to protect himself and therefore has no defence.
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Fred is guilty of an offence against the person because he should not have involved himself with other people's business.
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Fred is guilty of an offence against the person because no jury would believe he used reasonable force in the circumstances that he believed to exist.
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Which of the following traits cannot be taken into account when determining whether the defendant responded as a person of reasonable firmness would have for the purposes of duress?
Domestic abuse
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Pregnancy
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Sex
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Serious physical disability
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Serious psychiatric condition
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Jess was angry at her sister Mia for using her expensive make-up. Jess said to Mia that if she didn't go out and steal some new make up for her, she would cut Mia's wedding dress into tiny little pieces. Mia steals the make-up but is caught and arrested. What statement most accurately conveys the criminal liability of Mia?
Mia is not guilty of theft because she really does not want to take the make-up.
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Mia does not have the mens rea of theft as she wants to protect her wedding dress.
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Mia is not guilty of theft as she can rely on the defence of duress by circumstances.
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Mia is guilty of theft and has no defence.
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Mia is not guilty of theft as she can rely upon the defence of duress by threats.
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Horace is at a protest and sees Ivan looking in his rucksack. A few moments before, several protesters had thrown broken bits of brick at shop windows. Horace assumed that Ivan was getting a brick to throw at a nearby shop front, and he tackled Ivan to the ground and then hit him with his fists several times as hard as he could. Ivan was concussed and needed several stiches to his head, arms and body. Ivan did not have any heavy items in his rucksack. What is the most relevant principle relating to general defences that applies to Horace?
Horace will be liable for a serious non-fatal offence against the person, because he had a mistaken belief that Ivan was going to commit an offence.
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Horace will not be liable for a serious non-fatal offence against the person, because he had a mistaken belief that Ivan was going to commit an offence.
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Horace will be liable for a serious non-fatal offence against the person, because he used disproportionate force in the prevention of an offence.
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Horace will not be liable for a serious non-fatal offence against the person, because he used reasonable force in response to the his mistaken belief that Ivan was going to commit an offence.
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Horace will be liable for a serious non-fatal offence against the person, because a public defence does not exist.
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Harry had been drinking a large amount of alcohol on a night out with friends. He walked home as he had lost his phone. He walked past Peter, who was homeless. Peter put out his arm and asked Harry if he had any money he could spare him. Harry mistakenly thought Peter was about to attack him and thinking he was protecting himself he tackled Peter to the ground and hit him several times. Which of the following statements most accurately reflects the law governing self-defence that applies to Harry?
Harry is not guilty of a non-fatal offence against Peter as his mistaken belief was a reasonable one to have, and the force he used was objectively reasonable based on the circumstances that he believed existed.
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Harry is guilty of a non-fatal offence against Peter as his mistake was a voluntarily drunken one, and the force he used was objectively unreasonable based on the circumstances that actually existed.
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Harry is guilty of a non-fatal offence against Peter as his mistaken belief was an unreasonable one to have, and the force he used was objectively disproportionate based on the circumstances that he believed existed.
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Harry is not guilty of a non-fatal offence against Peter. Objectively, it was a reasonable belief that Peter was going to attack him and the force he used was objectively reasonable based on the circumstances viewed objectively.
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Harry is not guilty of a non-fatal offence against Peter because the law allows people to protect themselves against begging.
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Eric had subjected his wife Rita to a campaign of domestic abuse for several years. He strangled Rita, but released her before she became unconscious. As he left the room he told her there will be more of that behaviour to come. Clearly distressed and not knowing when Eric would return to attack her, Rita grabbed a vase off a table and ran after him. She hit him many times over the head, until he fell to the ground. He was bleeding profusely from the head and suffered damage to the brain that made day-to-day life difficult without the support of a carer. Which of the following statements most accurately reflects the criminal liability of Rita?
Rita will be guilty under s. 18 Offences Against the Person Act 1861 as no defence applies.
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Rita will be guilty under s. 47 Offences Against the Person Act 1861 as Eric's threat can reduce the severity of the offence Rita is charged with.
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Rita will be guilty of no offence against Eric as she can rely on duress by threats.
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Rita will be guilty of no offence against Eric as she can rely on the defence of necessity.
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Rita will be guilty of no offence against Eric as she can rely on self-defence. She believed it was necessary to use force and whether the force used was reasonable can be determined by the physical attack and by Eric's threat that he would hurt her again.
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Shyla, aged 16, is petrified of Gustav, her mother's boyfriend. He demands that she steal £500 from her workplace otherwise he will break all her mother's fingers. She does as she is told. Which of the following statements most accurately reflects the law relating to principles of general defences?
Shyla can successfully rely on the defence of duress by threats, because the threat involves serious harm directed at her mother.
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Shyla can successfully rely on the public defence under s. 3 Criminal Law Act 1967.
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Shyla can successfully rely on self-defence under s. 76 Criminal Justice and Immigration Act 2008.
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Shyla can successfully rely on the defence of necessity following
Re A
(
conjoined twins
).
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Shyla cannot rely on the defence of duress by threats, because the threat of serious harm is not directed towards herself.
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Scarlett had been going out with Darren, but they had broken up the day before her birthday, because he had a new girlfriend Felicity. At her party the next day, Darren turned up and they had a verbal argument. Angry, Scarlett threw the contents of her drink at Darren. Darren then slapped her around the face and grabbed her the arms to shake her. Seeking to get free, Scarlett hit Darren in the face with the glass that once contained her drink. He had a heavily bruised eye. Which is the most accurate statement relating to the law on self-defence as it applies to Scarlett?
Scarlett cannot rely on self-defence as she instigated the physical argument.
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Scarlett cannot rely on self-defence as she knew the victim.
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Scarlett can rely on self-defence despite instigating the physical argument.
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Scarlett cannot rely on self-defence because it was unreasonable to use the level of force that she did against Darren.
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Scarlett cannot rely on self-defence because it was not necessary to use any force against Darren.
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