Multiple choice

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is an open book examination.

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a serious assessment offence, and plagiarism software will
be applied to all submissions.

INSTRUCTIONS TO CANDIDATES
You must answer ALL the questions (multiple choice).
You can submit your work at any point up to the deadline. You do not have to wait for the
deadline: the submission link will be open throughout the duration of the examination.
The work must be submitted through Turnitin as one single word-document. If you
do not provide a submission via the correct Turnitin link by the deadline, then this will be
classed as a ‘non-attempt’ and a score of 0 fail will be given.

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Multiple Choice Questions
Answer ALL questions.
To answer each question, write the number of the question and
then the letter of the answer you think is correct.

For example, if the question was:
1. Which examination paper is this?
a. Law of Tort
b. Criminal Law
c. Law of Contract
d. Public Law
The answer would be:
1: b

1. Which of the following statements is correct?
a. The standard of proof in a criminal trial is always beyond reasonable
doubt
b. The standard of proof in a criminal trial is beyond reasonable doubt for
the prosecution only
c. The standard of proof in a criminal trial is on the balance of probabilities
d. The standard of proof in a criminal trial is beyond reasonable doubt for
the offence and on the balance of probabilities for all defences

2. D works as a station operative. He sees that V has fallen onto the track but
does nothing. V is electrocuted and dies. Which of the following statements is
correct?
a. D may be liable as he had voluntarily assumed a duty to V
b. D may be liable as he had a contractual duty to V
c. D is not liable as he had no duty to V
d. D may be liable as he was aware of a dangerous situation arising

3. D1 and D2 are of below average intelligence. They agree to take care of D1’s
sister, V, who is anorexic and refuses to eat. V is found dead in her room in
appalling conditions. Which of the following statements is correct?
a. D2 has a duty of care based on familial responsibility which she has
breached

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b. D2 has a duty of care because she has voluntarily assumed
responsibility for V, then failed in that duty
c. D2 does not owe a duty of care as V voluntarily refused to eat
d. D2 does not have a duty of care as she is not related to V

4. D deliberately pushes V off a cliff edge, causing him to fall to his death. Which
of the following is correct?
a. D obliquely intends to kill
b. D recklessly kills
c. D has no intention to kill
d. D directly intends to kill

5. Which case provides the current judicial direction for oblique intention?
a. Hancock and Shankland
b. Woollin
c. Hyam
d. Moloney

6. D hates V, who is having an affair with V’s husband. She wishes to scare V
so pours a petrol-soaked rag followed by a lit match, through V’s front door at
midnight when all the curtains are drawn and the family car is on the drive so it
is almost certain the family is home. A child dies in the fire. Which of the
following is correct?
a. D may be guilty of the murder of the child because she had direct
intention to kill
b. D will not be guilty of the murder of the child because her purpose was
not for someone to die
c. D may be guilty of the murder of the child because she had oblique
intention to kill
d. D has committed manslaughter rather than murder since she took a risk
as to whether anyone was in

7. D accidentally drops a heavy box on V’s foot. She thinks V has been
unnecessarily rude to her so refuses to move it. Eventually, she grabs it and
walks away. Which of the following statements is not correct?
a. D is not liable because this was an accident
b. D may be liable as by accidentally dropping the box, she created a
dangerous situation

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c. A similar situation occurred in Fagan
d. D may be liable because the battery was a continuing act and, once
she knew the box was on V’s foot, she also had mens rea.

8. D intends to kill V so he aims at V with his cross bow. The arrow misses V but
tears through a fence causing damage before hitting V2 who dies. Which of
the following is
a. D is guilty of criminal damage as a result of the application of the
doctrine of transferred malice
b. D is guilty of the murder of V2 as a result of the application of the
doctrine of transferred malice
c. D is guilty of both criminal damage and the murder of V2 as a result of
the application of the doctrine of transferred malice
d. D is guilty of neither criminal damage nor the murder of V2 since the
doctrine of transferred malice does not apply here

9. D smothers his wife, V, with a pillow. She is terminally ill and in great pain and
has asked D to put her out of her misery. Which of the following is correct?
a. D commits euthanasia which is no offence
b. D commits murder because he directly intends to kill her
c. D commits a compassionate killing which is no offence
d. D commits manslaughter rather than murder due to the mitigating
circumstances

10. Which of the following is false?
a. The mens rea for murder is malice aforethought
b. The mens rea for murder is intention to kill or cause grievous bodily
harm
c. The mens rea for murder requires proof that D intended to kill or cause
life-threatening injuries
d. The mens rea for murder can be satisfied by oblique intention

11. An intervening act is likely to break the chain of causation if:
a. The intervening event was entirely independent of D’s actions
b. D’s act remains an operating and substantial cause of the result
c. The intervening event was a reasonably foreseeable consequence of
D’s actions
d. It is de minimis

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12. If D is charged with murder and the jury finds that between D’s intentional act
and V’s death, an intervening act broke the chain of causation, which of the
following is true?
a. D may be convicted of involuntary manslaughter
b. D must be acquitted
c. D may be convicted of voluntary manslaughter
d. D may be convicted of murder

13. D attacks V in a bar by banging his head against a wall with the intention of
causing V really serious bodily harm. V is badly injured and asks the doorman
for help. The doorman thinks V is drunk and tells him to leave the building.
Soon afterwards, V is found lying on the pavement and is taken to hospital.
His injuries are very serious, consisting of a major brain injury caused by D’s
actions with some deterioration due to the delay in being taken to hospital. He
is placed on a life support machine which is switched off when it is clear that
he will not recover due to brain stem death. D is charged with murder. Which
statement best explains D’s potential liability for murder?
a. He cannot be guilty of murder since death was not an inevitable
consequence of his actions
b. He cannot be guilty of murder since V died as a result of the life support
machine being switched off
c. He can be found guilty of murder jointly with the doorman since they
are both responsible for V’s death
d. He can be found guilty of murder because his conduct was a
substantial and operative cause of V’s death

14. To which crimes is loss of control an effective defence?
a. Any offence
b. Murder or manslaughter
c. Murder
d. All offences against the person

15. Which of the following statements best represents the law as decided in
Clinton (2012)?
a. Sexual infidelity is excluded when assessing the context of a qualifying
trigger
b. Sexual infidelity may be taken into account when assessing the context
of a qualifying trigger

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c. Sexual infidelity is always relevant to the assessment of a qualifying
trigger
d. Sexual infidelity is reasonable to take into account when assessing the
context of a qualifying trigger

16. Which of the following characteristics are admissible by s.54(1)(c) Coroners
and Justice Act 2009?
a. D’s short-temper
b. Any characteristic of D which affects his general level of self-control
c. Any characteristic of D’s general lack of tolerance
d. Any characteristic of D which is one of normal tolerance and self-
restraint

17. The current definition of recklessness in criminal law is defined as which of the
following?
a. D takes a risk which would be obvious to the reasonable man
b. D does not see the risk but takes it anyway
c. D foresees an unreasonable risk but goes on to take it anyway
d. D foresees the risk and takes steps to avoid it

18. Which of the following statements is not true in relation to gross negligence
manslaughter?
a. There must be a duty of care owed by D to V
b. Even a small degree of negligence can give rise to criminal liability
c. The duty must be breached, causing death
d. Only a high degree of negligence can give rise to criminal liability

19. Which of the following statements is true in relation to the defence of
diminished responsibility (DR)?
a. The prosecution must prove beyond reasonable doubt that there is no
DR
b. D must prove DR beyond reasonable doubt
c. D must prove DR on a balance of probabilities
d. The prosecution must prove on a balance of probabilities that there is
no DR

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20. Which term that is found in the offence of basic criminal damage is not found
in the aggravated crime (s1(2) Criminal Damage Act 1971)?
a. Destroys or damages
b. Intending to destroy or damage
c. Recklessness as to destruction or damage
d. Belonging to another

21. D painted a pink stripe on his colleague’s briefcase as a practical joke. He
foresaw that this might cause damage to the briefcase although he believed
he would be able to clean most of the paint off with white spirit. The paint
could not, in fact, be removed from the briefcase. Any reasonable person
would have realised that there was a virtual certainty that the paint could not
be removed. Is D guilty of criminal damage?
a. No, because he did not intend to cause the damage
b. No, because he was only negligent with respect to the damage
c. Yes, because he foresaw the risk of damage
d. Yes, because the risk of damage was obvious to the reasonable person

22. In the scenario above, which of the following statements is not true in relation
to the damage to the briefcase?
a. Damage has occurred since there has been a material change to the
usefulness of the property
b. Damage has occurred since there has been a material change to the
value of the property
c. Permanent damage has occurred and this would be the case even if
the paint could be removed
d. Any alteration to the physical nature of the property may amount to
damage

23. D and V both spot the same dress in a sale. V picks it up and D grabs it from
her. She pushes V over, meaning to push her out of the way. V dies from
hitting her head on a sharp counter edge. Which of the following is correct?
a. D has committed voluntary manslaughter
b. D has committed murder
c. D has committed involuntary manslaughter
d. D is only guilty of an assault offence

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24. The mens rea for unlawful dangerous act manslaughter (constructive
manslaughter) consists of which of the following?
a. Foresight of a risk of death
b. Intention to kill
c. Recklessness as to whether V dies
d. The mens rea for the unlawful act

25. D stabs V in the leg. V has a phobia of hospitals, so refuses all medical
treatment. V dies from infection of the wound. Which of the following is
correct?
a. D is the cause of V’s death because you take your victim as you find
them
b. D is not the cause of V’s death because the later infection was the
medical cause of death
c. D is not the cause of V’s death because V’s behaviour was
unreasonable
d. D is not the cause of V’s death because the lack of medical care breaks
the chain of causation