Loveless, Allen & Derry, Complete Criminal Law: Text, Cases, and Materials 8e Student Resources

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

Murder correct incorrect

Assault correct incorrect

Treason correct incorrect

Attempted murder correct incorrect

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. 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. correct incorrect

The threatened harm must be expected in the near future. correct incorrect

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. correct incorrect

The threatened harm must be expected imminently. correct incorrect

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. 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. correct incorrect

Reasonable to D. correct incorrect

Both honest and reasonable according to the reasonable man. correct incorrect

Reasonable on the basis of threats which actually exist. correct incorrect

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. 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). correct incorrect

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

Women should always be granted the defence. correct incorrect

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

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. 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. correct incorrect

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

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

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

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. 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 correct incorrect

Duress correct incorrect

Self-defence correct incorrect

Mistake correct incorrect

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. 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] correct incorrect

Evans v Hughes [1972] correct incorrect

AG's Ref [No 2 of 1983] correct incorrect

Devlin v Armstrong [1971] correct incorrect

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. 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. correct incorrect

D's mistaken belief must be honest. correct incorrect

D's mistaken belief must be honest and reasonable. correct incorrect

D is not allowed to have a mistaken belief. correct incorrect

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. 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. correct incorrect

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

The use of excessive force is never permitted. correct incorrect

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

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

A mistaken belief in facts needs to be reasonable. correct incorrect

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

A mistaken belief in facts is never a defence. correct incorrect

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. correct incorrect