Chapter 14 Multiple choice questions

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. Which ONE of the following statements is TRUE in respect of self-defence?

The defence bear the evidential burden but the prosecution bear the legal burden of proof. correct incorrect

The defence bear the evidential burden and the legal burden of proof. correct incorrect

The prosecution bear the evidential burden and the legal burden of proof. correct incorrect

The prosecution bear the evidential burden but the defence bear the legal burden of proof. correct incorrect

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. Which of the following cases is NOT an authority for the elements of self-defence?

Palmer v R (1971) correct incorrect

Oatridge (1992) correct incorrect

Graham (1982) correct incorrect

Williams (Gladstone) (1987) correct incorrect

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. Which of the following statements about self-defence is FALSE?

A pre-emptive strike does not preclude the defence. correct incorrect

An intoxicated mistaken belief in self-defence precludes the defence. correct incorrect

The danger must be sufficiently imminent. correct incorrect

The defendant has a duty to retreat. correct incorrect

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. Which of the following is NOT a common law defence?

Self-defence correct incorrect

Prevention of crime correct incorrect

Defence of another correct incorrect

Duress correct incorrect

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. Which of the following is an accurate representation of the second limb of the test in Palmer v R (1971)?

A person may use such force as is (objectively) reasonable in the circumstances as the reasonable man (objectively) would have believed them to be. correct incorrect

A person may use such force as is (subjectively) reasonable in the circumstances as he (objectively) believed them to be. correct incorrect

A person may use such force as is (objectively) reasonable in the circumstances as he (subjectively) believed them to be. correct incorrect

The use of force must be (subjectively) necessary. correct incorrect

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. To which ONE of the following offences is duress a defence?

Wounding or causing grievous bodily harm under s.18, Offences Against the Person Act 1861 correct incorrect

Murder correct incorrect

Attempted murder correct incorrect

Accessory to murder correct incorrect

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. Which of the following cases is NOT an authority on duress?

Graham (1982) correct incorrect

Hasan (2005) correct incorrect

Howe (1987) correct incorrect

Re A (Children) (Conjoined Twins: Surgical Separation) (2001) correct incorrect

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. The defence of duress does not extend to which ONE of the following?

Threats of death towards the defendant's spouse correct incorrect

Threats of serious injury towards the defendant's children correct incorrect

Threats to disclose the defendant's sexuality correct incorrect

Threats of serious injury and of disclosure of the defendant's sexuality correct incorrect

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. According to the case of Bowen (1996), which of the defendant's characteristics may NOT be taken into account in respect of the second limb of duress?

Low IQ correct incorrect

Age correct incorrect

Serious physical disability correct incorrect

Clinically recognised psychiatric condition correct incorrect

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. Which ONE of the following defences is an excuse?

Self-defence correct incorrect

Necessity correct incorrect

Duress correct incorrect

Prevention of crime correct incorrect