Chapter 7 Multiple choice questions

. To which of the following offences can duress provide a defence:

Murder

Assault

Treason

Attempted murder

. Which of the following correctly represents the Hasan view of immediacy in relation to the subjective test in duress?

The threatened harm must be expected immediately or almost immediately.

The threatened harm must be expected in the near future.

The threat must destroy the will of the accused at the moment s/he has to decide whether to commit a crime or not, even though the threatened injury may follow after a delay.

The threatened harm must be expected imminently.

. In relation to the subjective test in duress, if D makes a mistake as to the nature of the threats of violence, the mistake must be:

Honest on the facts as D believed them to be.

Reasonable to D.

Both honest and reasonable according to the reasonable man.

Reasonable on the basis of threats which actually exist.

. D is weak and fearful and believes in threats of violence from X unless she robs a bank. Which of the following represents the law in relation to the objective test in duress:

Age, sex, pregnancy, physical disability and recognized mental illness may be admissible characteristics but nothing else (Bowen).

It is morally unfair to exclude the weak and fearful from the defence and so these characteristics are admissible.

Women should always be granted the defence.

The objective test should focus on whether it was reasonable for this particular D with his/her characteristics to have succumbed to the threat.

. D has bought drugs from a regular dealer for many years. The dealer threatens D that unless D assists him to beat up X, he will seriously injure D. Which of the following represents the objective test of duress:

Voluntary association with criminals will only defeat the defence if D was aware he might be forced to commit a crime of the type actually committed.

Voluntary association will defeat the defence if D ought to have known he would be coerced into committing any type of activity.

Voluntary association will defeat the defence if D actually knew of the risk of committing any offence.

Voluntary association will defeat the defence provided the foreseeable risk is one of duress rather than unlawful violence.

. A gang demand that V amongst a group be turned over for execution, the rest to go free. The group surrenders V to save everyone else. Which of the following will provide a defence (See Re A p414-418:

Necessity

Duress

Self-defence

Mistake

. D, an abused woman, kills her violent husband whilst he is sleeping through fear that he will kill her or her children the next day. The case which prevents her from claiming self-defence is as follows:

Beckford [1987]

Evans v Hughes [1972]

AG's Ref [No 2 of 1983]

Devlin v Armstrong [1971]

. D kills V by shooting him in the back, mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

D's mistaken belief must be objectively reasonable.

D's mistaken belief must be honest.

D's mistaken belief must be honest and reasonable.

D is not allowed to have a mistaken belief.

. D kills V by shooting him in the back mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

The use of force must be reasonable on the facts as D honestly believed them to be.

The use of excessive force must be necessary on the facts as D believed them to be.

The use of excessive force is never permitted.

D must establish that anyone would have made the same mistake.

. The ratio of Morgan [1976] in relation to the defence of mistake is as follows:

A mistaken belief in facts needs to be reasonable.

A mistaken belief in facts needs to be honest and reasonable.

A mistaken belief in facts is never a defence.

An honest mistake of fact will excuse D from liability on the basis that D will lack the MR for the crime, even if the belief is unreasonable.

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