6. Which of the following statements about diminished responsibility is FALSE?
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
The abnormality of mental functioning must arise from a recognised medical condition
Diminished responsibility is no defence to attempted murder
7. Which of the following is an accurate description of voluntary manslaughter?
Causing the death of a person with an intention to kill or cause GBH and a special defence
Causing the death of a person without the mens rea of murder
Causing the death of a person with an intention to kill or cause GBH
Recklessly causing the death of a person
8. Which of the following cases is the authority for the principle that a person implicitly consents to “the exigencies of everyday life”?
Collins v Wilcock (1984)
Fagan v MPC (1969)
Smith v Chief Superintendent of Woking Police Station (1983)
Donovan (1934)
9. Bert, a habitual burglar, breaks into a block of retirement flats at night. He enters Maud’s flat. Maud is an elderly lady with a weak heart. She interrupts Bert while he is rifling through her cupboards. Maud suffers a heart attack due to shock and dies.
Bert will not be convicted of unlawful act manslaughter because the reasonable man would not have recognised the risk of some harm.
Bert will be convicted of murder because it was virtually certain that Maud would have a heart attack and die and Bert realised this.
Bert will be convicted of unlawful act manslaughter. The act of burglary became dangerous when Bert saw that Maud was an elderly lady and realised that there was a risk of some harm to her.
Bert will be convicted of attempted murder.
10. Which of the following is NOT an exception to the general rule that consent is only a defence to assault and battery?
Tattooing
Surgery
Sexual gratification
Rough horseplay
11. Why was the defendant’s conviction in Kennedy (No. 2) (2007) quashed in the House of Lords?
Because there was no unlawful act
Because the chain of causation was broken by the free and informed act of self-injection by the victim
Because the defendant did not intend to cause the death of the victim
Because the supply of a controlled drug is not objectively dangerous
12. Which of the following most accurately describes the test of dangerousness from Church (1966)?
A reasonable person would recognise a risk of serious injury to the victim
The defendant recognised a risk of death
A reasonable person would recognise a risk of some harm to the victim
A reasonable person would recognise a risk of death to the victim
13. According to the general rule, consent may provide a defence to which of the following offences?
Battery
Wounding or causing GBH with intent under s.18, OAPA 1861
Assault occasioning ABH under s.47, OAPA 1861
Maliciously wounding or inflicting GBH under s.20, OAPA 1861
14. Which of the following statements about unlawful act manslaughter is FALSE?
The act must be a criminal offence
The act must cause the death of the victim
The act must be directed at the victim
An omission will not suffice
15. Which of the following statements correctly represents the mens rea of assault occasioning ABH under s.47, OAPA 1861?
The mens rea of an assault or battery
Intention or recklessness as to causing ABH
Intention or recklessness as to causing some harm
Recklessness as to causing ABH
16. According to s.54(1)(c), Coroners and Justice Act 2009 which of the following characteristics are likely to be taken into account in assessing the level of self-control to be expected of the defendant?
Sex
Impotence
Intoxication
Depression
17. Which of the following statements about loss of control is FALSE?
The prosecution bears the legal burden in respect of loss of control.
A considered desire for revenge will not automatically negate the defence of loss of control
A delay will not automatically negate the defence of loss of control
Loss of control does not require the defendant to suffer a sudden loss of control
18. Loss of control is a defence to which ONE of the following offences
Attempted murder
Voluntary manslaughter
Murder
Involuntary manslaughter
19. Which of the following will never amount to actual bodily harm?
Any hurt or injury calculated to interfere with health or comfort
Cutting someone’s hair
Fear, distress or panic
Psychiatric injury
20. Jamie tells Steven that he will hit him if Steven doesn’t leave his sight. Which of the following statements is most accurate?
Applying Meade and Belt (1823), there is no assault here because an assault may not be committed by words alone
Applying Read v Coker (1853), this is a conditional assault
Applying Tuberville v Savage (1669), there is no assault here because Jamie’s words negate an assault
There is no assault here because there is no evidence that Steven was afraid
