* not completed

. 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

* not completed

. Which of the following is NOT an element of criminal liability?

Mens rea correct incorrect

Defence correct incorrect

Motive correct incorrect

Actus reus correct incorrect

* not completed

. Which of the following is NOT a reason for the principle that no liability usually arises for failing to act?

The difficulty of enforcement of any law that imposes general omission liability. correct incorrect

The difficulty with proving causation for omission crimes. correct incorrect

The conflict with the principle of autonomy. correct incorrect

Because D may be under a duty to act. correct incorrect

* not completed

. Which of the following options best expresses why the Court of Appeal upheld the conviction in Evans [2009] 1 WLR 1999?

D created or contributed to a state of affairs in which the victim's life was in danger correct incorrect

D could have taken reasonable steps to save the victim's life. correct incorrect

D was under a legal duty to take reasonable steps to save the victim's life. correct incorrect

All of the above. correct incorrect

* not completed

. Which of the following is the most accurate summary of the Woollin (1999) test?

Where D is charged with murder and the simple direction (that it is for the jury to decide whether D intended to kill or do serious bodily harm) is not enough, the jury should be directed that they are not entitled to infer the necessary intention unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of D's actions and that D appreciated that was the case, the decision being one for them to reach on a consideration of all the evidence. correct incorrect

Where D is charged with murder and the simple direction (that it is for the jury to decide whether D intended to kill or do serious bodily harm) is not enough, the jury should be directed that they are not entitled to find the necessary intention unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of D's actions and that D appreciated that was the case, the decision being one for them to reach on a consideration of all the evidence. correct incorrect

Where D is charged with murder and the simple direction (that it is for the jury to decide whether D intended to kill or do serious bodily harm) is not enough, the jury should be directed that they may find D intended the natural consequences of his act. correct incorrect

Where D is charged with murder and the simple direction (that it is for the jury to decide whether D intended to kill or do serious bodily harm) is not enough, the jury should be directed that the greater the probability of a consequence the more likely it was that the consequence was foreseen and the greater the probability was that that consequence was also intended. correct incorrect

* not completed

. 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

* not completed

. Which of the following is false in respect of the decision in Harrow London Borough Council v Shah (2000)?

The mens rea of the offence was a lack of honest belief in the age of the purchaser. correct incorrect

Other sections of the Act provided a defence of due diligence, but this section did not. correct incorrect

The offence was plainly not truly criminal in character. correct incorrect

The legislation dealt with an issue of social concern, namely, gambling among young people. correct incorrect

* not completed

. Which of the following statements is true of the House of Lords' decision in B v DPP (2000)?

It was the first case to mention the presumption of mens rea. correct incorrect

It abolished strict liability. correct incorrect

It was not necessary to displace the presumption of mens rea. correct incorrect

It was a regulatory offence. correct incorrect

* not completed

. Which is the correct statement in respect of the actus reus of an offence under section 18 OAPA 1861?

Wound and cause any grievous bodily harm correct incorrect

Wound and inflict any grievous bodily harm correct incorrect

Wound or cause any grievous bodily harm correct incorrect

Wound or inflict any grievous bodily harm correct incorrect

* not completed

. Which of the following is the best description of the decision in Brown (1994)?

Branding a person's buttocks, at their request, is not a crime of violence or aggression. correct incorrect

Sexual gratification is against the law. correct incorrect

It is unlawful to cause actual bodily harm to another unless you can show doing so falls within one of the established exceptions. correct incorrect

It is not for the criminal law to regulate the conduct of individuals in private. correct incorrect

* not completed

. Which of the following is a conclusive presumption in respect of consent?

Where D did the relevant act and V was drunk. correct incorrect

Where D did the relevant act and intentionally deceived V as to the nature or purpose of the act. correct incorrect

Where D did the relevant act and V was asleep. correct incorrect

Where D did the relevant act and did not disclose to V that he was HIV positive. correct incorrect

* not completed

. 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

* not completed

. Which of the following is the defence of diminished responsibility under s. 2 Homicide Act 1957 as amended by s. 52 Coroners and Justice Act 2009?

A person who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which arose from a recognised medical condition, substantially impaired D's ability to understand the nature of D's conduct, form a rational judgment or exercise self-control, where the abnormality provides an explanation for D's acts and omissions in doing or being a party to the killing. correct incorrect

D was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing. correct incorrect

A person who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from a disease of mental functioning which arose from a recognised medical condition, substantially impaired D's ability to understand the nature of D's conduct, form a rational judgment or exercise self-control, where the abnormality provides an explanation for D's acts and omissions in doing or being a party to the killing. correct incorrect

D was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know that he was doing what was wrong. correct incorrect

* not completed

. Which was the correct definition of abnormality of mind from Byrne (1960)?

An internal disorder which impaired D's mental faculties of reason, memory and understanding. correct incorrect

A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal. It is wide enough to cover the mind's activities in all its aspects, not only the perception of physical acts and matters, and the ability to form a rational judgment as to whether an act is right or wrong, but also the ability to exercise will-power to control physical acts in accordance with that rational judgment. correct incorrect

Arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury. correct incorrect

Battered Women Syndrome. correct incorrect

* not completed

. The case of Church (1966) defines the dangerousness test for the crime of unlawful act manslaughter. Which statement below is the test?

The unlawful act must be such that all sober and reasonable people would inevitably recognize it as an act which must subject the other person to at least the risk of some (physical) harm resulting therefrom, albeit not serious harm. correct incorrect

The unlawful act must be such that the defendant recognized it as an act which must subject the other person to at least the risk of some (physical) harm resulting therefrom, albeit not serious harm. correct incorrect

A reasonable person would not inevitably recognize a 60 year old as having a weak heart. correct incorrect

A reasonable person would inevitably recognize the risk of harm to an 87 year old victim. correct incorrect

* not completed

. 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

* not completed

. The common law offence of incitement has been abolished. What new law replaces it?

Fraud correct incorrect

Encouraging or assisting an offence correct incorrect

Conspiracy correct incorrect

Section 8 Accessories and Abettors Act 1861 correct incorrect

* not completed

. Conspiracy is a crime which has two different sources. What are they?

To defraud and to outrage public decency. correct incorrect

Agreeing with another person to pursue a course of conduct which will necessarily amount to a crime or involve the commission of a crime. correct incorrect

Conspiracy to commit murder and conspiracy to defraud. correct incorrect

The Criminal Law Act 1977 s. 1 and the common law. correct incorrect

* not completed

. Which of the following is FALSE?

An accessory is charged as the principal. correct incorrect

An accessory is tried as the principal. correct incorrect

An accessory is sentenced as the principal. correct incorrect

An accessory is the person who committed the principal crime. correct incorrect

* not completed

. According to the Supreme Court in Jogee (2016) which two words can summarise the actus reus of being an accessory?

Aiding and abetting correct incorrect

Counselling and procuring correct incorrect

Inciting and conspiring. correct incorrect

Assisting and encouraging correct incorrect

* not completed

. 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

* not completed

. Which of the following statements is FALSE?

An appropriation takes place where D adversely interferes with an owner's right. correct incorrect

An appropriation takes place even if D does not adversely interfere with an owner's right. correct incorrect

An honest shopper appropriates property belonging to another as soon as he takes an article from the shelf. correct incorrect

A dishonest shopper appropriates property belonging to another as soon as he takes an article from the shelf. correct incorrect

* not completed

. Which deception offences were abolished by the Fraud Act 2006?

Dishonestly obtaining property belonging to another by deception under s. 15 Theft Act 1968. correct incorrect

Dishonestly obtaining services by deception under s. 1 Theft Act 1978. correct incorrect

All of the offences defined by way of deception in the Theft Acts 1968 and 1978. correct incorrect

Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it under s. 1 Theft Act 1968. correct incorrect

* not completed

. 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

* not completed

. Which of the following is FALSE?

Theft is a prerequisite to a conviction for robbery. correct incorrect

If D uses force in order to steal, that is robbery. correct incorrect

If D steals and uses force after the theft, that is robbery. correct incorrect

For the crime of robbery, force does not need to involve violence. correct incorrect

* not completed

. Which of the elements below is NOT common to burglary under s. 9(1)(a) and 9(1)(b) Theft Act 1968?

Entry correct incorrect

Trespasser correct incorrect

Building or part of a building correct incorrect

Intent to commit an offence in subs. (2) correct incorrect

* not completed

. Disease of mind for the purpose of the defence of insanity is…

an internal bodily cause affecting D's mental faculties of reason, memory, and understanding. correct incorrect

an external bodily cause affecting D's mental faculties of reason, memory, and understanding. correct incorrect

a state of mind is so different from that of ordinary human beings that the reasonable man would term it abnormal. correct incorrect

an internal mental disorder. correct incorrect

* not completed

. Which of the following is FALSE?

In Quick (1973) D had taken insulin but had not eaten. The Court of Appeal held that hypoglycaemia caused by the application of medication to the body is an external factor. This was, therefore, not insanity. correct incorrect

In Hennessey (1989) D had not taken insulin and had also not eaten. The Court of Appeal held that hyperglycaemia caused by operation of the diabetes is an internal factor. This was, therefore, a case of insanity. correct incorrect

In Burgess (1991) the Court of Appeal concluded that sleepwalking is due to an internal disorder and the correct defence is, therefore, insanity. correct incorrect

In Kemp (1957) D's arteriosclerosis was a disease of the heart, not a disease of mind. correct incorrect

* not completed

. In determining whether the force used was reasonable, which of the following is FALSE?

D is assessed entirely by whether the reasonable man would have done what the defendant did. correct incorrect

It is to be decided by reference to the circumstances as D believed them to be. correct incorrect

The reasonableness of D's belief is relevant to the question of whether D genuinely held that belief. correct incorrect

If it is determined that D did genuinely hold a particular belief, D is entitled to rely on it, even if it was mistaken. correct incorrect

* not completed

. In determining whether the force used was proportionate, which of the following is FALSE?

The degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances. correct incorrect

That a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action. correct incorrect

That evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose. correct incorrect

The only assessment of proportionality is by reference to the circumstances as D believed them to be. correct incorrect