MCQS Flashcards
If a woman is liable for attempted murder, how will her intention to commit the offence will be based on?
The woman is judged on her own understanding of the facts as she believed them to be.
What must the jury decide when considering whether a man satisfies the actus reus of attempted robbery?
Jury must decide as a question of fact whether what the defendant has done is sufficient for the offence of attempted robbery.
Will the degree of force matter when relying on self-defence?
As long as your actions were not grossly disproportionate in the circumstances as you believed them to be. You will be able to rely on self-defence.
Can a defendant be liable for unlawful act manslaughter for raising her hand to slap a woman who was sitting on a stool?
Yes because the act of raising her hand was dangerous as the woman was sitting on a stool.
Objectively dangerous given the likelihood of injury if they fall off.
At what point is property appropriated for the offence of robbery?
Where the owner has no longer physical control of their property.
Can still amount to appropriation even if the defendant never had control of it - provided there was sufficient force.
Will a person with mental health problems and a short temper, who is relying on the loss of control defence, will his mental health be taken into consideration?
His mental health problems will not be considered when assessing the level of tolerance and self-restraint he displayed.
His age and sex would be considered.
Oblique intent
Someone’s actions cause a harmful result that was not the intended outcome, but was highly likely to occur.
How is a defendant guilty of an offence by joint enterprise?
Defendant (A) must intended to assist B to commit the offence.
Can you be liable of assault if you threaten someone to stop a crime being committed?
No as the defence of prevention of crime will apply.
Will it amount to theft if you intend to give it back?
No - actus reus and mens rea needs to happen at the same time.
If you intend to give it back but then decide not to - at this point theft is committed, because you have the intention to permanently deprive.
Diminished responsibility only applies to what offence?
Murder
