Chapter 13 Multiple choice questions

. What is the age of criminal responsibility in England and Wales?

14

13

8

10

. Which of the following is NOT a suitable disposal for a defendant who is deemed unfit to plead?

A hospital order

A supervision and treatment order

Imprisonment

An absolute discharge

. Which of the following conditions is NOT likely to amount to a disease of the mind for the purposes of insanity?

Hypoglycaemia

An epileptic seizure

Sleepwalking

Brain tumour

. Which ONE of the following cases supports the proposition that hyperglycaemia amounts to a disease of the mind?

Quick and Paddison (1973)

Hennessy (1989)

Burgess (1991)

Sullivan (1984)

. Which of the following statements about the defence of insanity is FALSE?

The burden of proof rests with the defence.

It must be proved that the defendant did not know the nature and quality of his act and that he did not know that what he was doing was wrong.

It must be proved that the defendant was suffering from a defect of reason caused by a disease of the mind.

The question of whether the defendant was suffering from a defect of reason caused by a disease of the mind is one of law for the judge to determine.

. Which of the following will NOT avail a defendant of a defence of automatism?

Sleepwalking

Reflex action

Hypoglycaemia

Convulsion

. What is the legal position if the automatism is induced by the voluntary consumption of a dangerous drug?

The defendant will have no defence to a crime of specific intent.

The defence of automatism is available.

The defendant will have a defence only to a basic intent offence.

The rules relating to voluntary intoxication apply.

. Raj is prescribed some tablets by the doctor. He takes more tablets than prescribed and attacks his girlfriend whilst in an intoxicated state. Which of the following statements is true?

Raj was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved.

Raj was voluntarily intoxicated and has a defence to any charge.

Raj may use evidence of his voluntary intoxication to negate the mens rea for a specific intent offence.

Raj may use evidence of his voluntary intoxication to negate the mens rea for a basic intent offence.

. Which of the following statements is FALSE?

A drugged intent is still an intent.

Dutch courage is no defence.

An intoxicated mistake will not negate the defence of lawful excuse to a charge of criminal damage.

An intoxicated mistaken belief in the need for self-defence will not negate the defence.

. Which of the following statements about mistake is FALSE?

Mistake as to civil law is no defence.

Mistake as to criminal law is no defence.

Mistake as to fact may provide a defence.

Mistake as to a defence element may provide a defence.

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