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1. Which of the following offences is NOT an indictable only offence?

  • Maliciously administering a poison so as to endanger life or inflict GBH under s.23, OAPA 1861
  • Maliciously wounding or inflicting GBH under s.20, OAPA 1861
  • Maliciously administering a poison with intent to injure, aggrieve or annoy under s.24, OAPA 1861
  • Wounding or causing GBH with intent under s.18, OAPA 1861
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2. Which of the following statements about diminished responsibility is FALSE?

  • The abnormality of mental functioning must arise from a recognised medical condition
  • There must be medical evidence to support the fact that the defendant was suffering from an abnormality of mental functioning
  • The burden of disproving diminished responsibility is on the prosecution
  • Diminished responsibility is no defence to attempted murder

3. Which of the following is the most suitable description of indirect intent?

  • Where D does not desire the consequences, but they are virtually certain to occur, and the defendant appreciates this
  • Where D does not desire the consequences, but they are highly probable to occur and the defendant appreciates this
  • Where D does not desire the consequences but foresees them as possible to occur
  • D’s aim or purpose

4. Which of the following statements correctly represents the mens rea of assault occasioning ABH under s.47, OAPA 1861?

  • Recklessness as to causing ABH
  • The mens rea of an assault or battery
  • Intention or recklessness as to causing some harm
  • Intention or recklessness as to causing ABH

5. Which of the following is NOT a factor required in order to displace the presumption of mens rea?

  • Liability would encourage greater vigilance
  • Clear words in the statute
  • A truly criminal offence
  • Statute involves issues of social concern

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