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Return to Criminal Law Concentrate 7e Student Resources
Herring, Criminal Law Concentrate 7e Student Resources
Quiz Content
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not completed
Chapter
1.
Which one is correct? The study of the criminal law is a study of:
Liability, that is, matters of guilt and innocence.
correct
incorrect
Sentence, that is, how long the offender can be sent to prison.
correct
incorrect
Proof, that is, how the defendant's guilt can be proved.
correct
incorrect
Truth, that is, what actually happened and how justice can be served.
correct
incorrect
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Chapter
1
.
On most criminal law modules, the only two defences which the defendant has to prove are ?
Self-defence and mistake
correct
incorrect
Self-defence and diminished responsibility
correct
incorrect
Diminished responsibility and insanity
correct
incorrect
Insanity and mistake
correct
incorrect
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Chapter
2
.
Which of the following is a result crime?
Fraud
correct
incorrect
Theft
correct
incorrect
Murder
correct
incorrect
Robbery
correct
incorrect
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Chapter
2
.
The essence of the House of Lords' decision in
Kennedy
[2008] is:
Where the victim's act is unreasonable, unforeseeable or daft, it breaks the chain of causation.
correct
incorrect
A victim's refusal of medical treatment on medical grounds is always unreasonable.
correct
incorrect
Where the victim is a fully informed and responsible adult, and freely and voluntarily self-administers drugs supplied by D, D has not caused the victim's death.
correct
incorrect
Where the victim is a fully informed and responsible adult, and freely and voluntarily self-administers drugs supplied by D, D has caused the victim's death.
correct
incorrect
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Chapter
3
.
Which of the following types of
mens
rea
is NOT assessed subjectively?
Intention
correct
incorrect
Recklessness
correct
incorrect
Wilfully
correct
incorrect
Negligence
correct
incorrect
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Chapter
3
.
If foresight of a virtual certainty is evidence of intention, which of the following statements is false?
The jury must reach its decision on all the facts.
correct
incorrect
The jury may find D foresaw the result as a virtual certainty but may nevertheless find he did not intend the result.
correct
incorrect
The jury must first decide whether D foresaw the result as a virtual certainty before considering whether D intended the result.
correct
incorrect
The jury has to convict D if they find he foresaw the result as a virtual certainty.
correct
incorrect
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Chapter
4
.
Which of the following is the most accurate description of strict liability?
All offences at common law.
correct
incorrect
Where the statutory definition does not expressly state any
mens
rea.
correct
incorrect
Where there is no
mens
rea
for any element of the
actus
reus
in the offence.
correct
incorrect
Where an element of
actus
reus
does not have any
mens
rea.
correct
incorrect
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Chapter
4.
Which of the following is not a consideration when deciding if an offence is one of strict liability?
The presumption of
mens
rea
.
correct
incorrect
The deterrent effect making the offence one of strict liability would have.
correct
incorrect
Whether the offence is truly criminal or regulatory.
correct
incorrect
Whether D could be said to have caused the consequence or not.
correct
incorrect
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Chapter
5
.
Which of the following is NOT an acceptable use of the word 'assault' in its broadest sense?
A technical assault which involves causing V to apprehend immediate force.
correct
incorrect
V suffers psychological harm.
correct
incorrect
As a collective noun encompassing the separate crimes of technical assault or battery.
correct
incorrect
A common assault.
correct
incorrect
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Chapter
5
.
Which of the following is FALSE in respect of a technical assault?
The
mens
rea
is intention or recklessness to cause some harm.
correct
incorrect
Words alone may amount to a technical assault.
correct
incorrect
The
actus
reus
of a technical assault may be satisfied where V expects to be hit now, but he is not afraid.
correct
incorrect
Silence may amount to an assault.
correct
incorrect
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Chapter
6
.
Which of the following is the definition of consent in s. 74 SOA 2003?
A person consents if he agrees by choice, and has the intelligence to make that choice.
correct
incorrect
A person consents if he agrees by choice, and is sufficiently sober to make an informed decision.
correct
incorrect
A person consents if he agrees by choice, and has the freedom and capacity to make that choice.
correct
incorrect
A person consents if he agrees by choice, and he is of the age to make that choice.
correct
incorrect
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Chapter
6
.
Which of the following is the best description of the offence contrary to s. 1 SOA 2003?
D penetrates with his penis the vagina, anus, or mouth of V and V does not consent.
correct
incorrect
D intentionally penetrates with his penis the vagina, anus, or mouth of V, V does not consent and D does not believe that V consents.
correct
incorrect
D has unlawful sexual intercourse with V, V does not consent and D does not reasonably believe that V consents.
correct
incorrect
D intentionally penetrates with his penis the vagina, anus, or mouth of V, V does not consent and D does not reasonably believe that V consents.
correct
incorrect
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Chapter
7
.
Which of the following amount to a qualifying trigger?
Any racial insult
correct
incorrect
Anything said or done
correct
incorrect
Fear of serious violence
correct
incorrect
Provocative words or deeds
correct
incorrect
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Chapter
7
.
Which of the following characteristics ARE admissible by s. 54 (1)(c) of the Coroners and Justice Act 2009?
D's age and sex.
correct
incorrect
Any characteristic of D which is one of normal tolerance and self-restraint.
correct
incorrect
Any characteristic of D which affects his general level of self-control.
correct
incorrect
(a) and (b) only.
correct
incorrect
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Chapter
8
.
Which of the following is NOT an element of the offence of unlawful act manslaughter?
Foresight of death.
correct
incorrect
D's deliberate act causes V's death.
correct
incorrect
D's deliberate act is dangerous.
correct
incorrect
D's deliberate act is a criminal offence.
correct
incorrect
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Chapter
8
.
Which case is the leading authority for the offence of gross negligence manslaughter?
Newbury
and
Jones
(1977)
correct
incorrect
Adomako
(1995)
correct
incorrect
Church
(1966)
correct
incorrect
Lidar
(2000)
correct
incorrect
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Chapter
9
.
Which of the following is FALSE?
A person can be convicted of encouraging and assisting an offence if the full offence is impossible.
correct
incorrect
A person can be convicted of conspiracy to commit an offence if the full offence is impossible.
correct
incorrect
A person can be convicted of attempting an offence if the full offence is impossible.
correct
incorrect
A person cannot be convicted of any inchoate offence if the full offence is impossible.
correct
incorrect
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Chapter
9
.
In which of the following cases did the jury find D had done an act which was more than merely preparatory to the commission of the offence?
Jones
(1990)
correct
incorrect
Gullefer
(1990)
correct
incorrect
Geddes
(1996)
correct
incorrect
Campbell
(1991)
correct
incorrect
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Chapter
10
.
In
Thornton
v
Mitchell
(1940) why was the accessory not guilty of aiding and abetting?
Because P has a defence.
correct
incorrect
Because P had not committed the offence.
correct
incorrect
Because P was liable for another offence.
correct
incorrect
Because P was simply an innocent agent.
correct
incorrect
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Chapter
10
.
Which of the following is TRUE?
In
Becerra
(1975), running off and shouting "let's go" were sufficient to constitute a withdrawal from the joint venture.
correct
incorrect
In
Rook
(1993) not turning up as planned was a sufficient withdrawal.
correct
incorrect
Withdrawal from a spontaneous joint venture is no different from withdrawal from a planned joint venture.
correct
incorrect
In
Becerra
(1975), running off and shouting "let's go" were not insufficient to constitute a withdrawal from the joint venture.
correct
incorrect
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Chapter
11
.
Which of the following statements is the most accurate description of appropriation?
The assumption by D of all of the rights of the owner.
correct
incorrect
The assumption by D of more than one of the rights of the owner.
correct
incorrect
The assumption by D of one of the rights of the owner.
correct
incorrect
The assumption by D of any of the rights of the owner without consent.
correct
incorrect
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Chapter
11
.
Which of the following is NOT a situation in s. 2 Theft Act 1968?
if he appropriates the property in the belief that he has in law the right to deprive the other of it.
correct
incorrect
if he appropriates the property in the belief that he would have the other's consent if the other knew.
correct
incorrect
if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
correct
incorrect
If he appropriates the property in the belief that the reasonable person would regard his appropriation as honest.
correct
incorrect
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Chapter
12
.
In
Harris
(1975), D was convicted of attempting to obtain a pecuniary advantage by deception when he checked into a hotel under a false name. Which offence, if any, is it likely he could be convicted of under the Fraud Act 2006?
None
correct
incorrect
Section 1 by breach of s. 2
correct
incorrect
Section 1 by breach of s. 3
correct
incorrect
Section 1 by breach of s. 4
correct
incorrect
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Chapter
12
.
What offence is governed by s. 11 of the Fraud Act 2006?
Dishonestly obtaining services by deception.
correct
incorrect
Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.
correct
incorrect
Dishonestly obtaining services.
correct
incorrect
Dishonestly appropriating services.
correct
incorrect
*
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Chapter
13
.
Which of the following is NOT an element of the
actus
reus
of criminal damage under s. 1(1) Criminal Damage Act 1971?
Destroys or damages.
correct
incorrect
Any property belonging to another.
correct
incorrect
Without lawful excuse.
correct
incorrect
Intending or being reckless as to the damage or destruction.
correct
incorrect
*
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Chapter
13
.
Many of the terms in the offence of basic criminal damage are replicated in the aggravated crime in s. 1(2) of the Criminal Damage Act 1971. Which one below is NOT?
Destroys or damages
correct
incorrect
Intending to destroy or damage
correct
incorrect
Property
correct
incorrect
Belonging to another
correct
incorrect
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Chapter
14
.
Insanity and automatism (that is insane automatism and non-insane automatism) are similar defences. In which way, from those listed, do they differ?
D must have had a defect of reason.
correct
incorrect
The defect of reason must have been caused by a disease of mind.
correct
incorrect
D did not form
mens
rea.
correct
incorrect
D did not know what he was doing.
correct
incorrect
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Chapter
14
.
In order to determine the effect of the defence of (non-insane) automatism, further questions need to be answered. Select the option below which is NOT a further consideration.
Whether the offence is specific intent
correct
incorrect
Whether the offence is basic intent
correct
incorrect
If the offence is basic intent, whether D was
Bailey
reckless in becoming an automaton
correct
incorrect
Whether D formed
mens
rea
correct
incorrect
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Chapter
15
.
Which of the following is FALSE?
The defences (both at common law and under the Criminal Law Act 1967) operate the same rules.
correct
incorrect
In most self-defence situations, D will be able to rely on either defence.
correct
incorrect
Where D makes a mistake about the need to use force, his only defence is the common law defence.
correct
incorrect
Where D makes a mistake about the need to use force, his only defence is under the Criminal Law Act 1967 s. 3.
correct
incorrect
*
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Chapter
15
.
Which of the following is FALSE?
The defence of duress fails if the prosecution can prove D did not actually feel compelled to commit the crime.
correct
incorrect
The defence of duress fails if the prosecution can prove D was not threatened with death or serious injury or the situation would not cause death or serious injury.
correct
incorrect
The defence of duress fails if the prosecution can prove D was not threatened with death or serious injury either to himself, a member of his immediate family, or to person for whose safety D would reasonably regard himself as responsible.
correct
incorrect
The defence of duress fails if the prosecution can prove the person of reasonable firmness would have done the same as D.
correct
incorrect
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