Question 1

Which ONE of the following cases is an authority for the principle that a defendant who commits an offence while suffering a hypoglycaemic attack may plead automatism?

Accepted Answer

A)   Quick and Paddison (1973) 
B)   Hennessy (1989) 
C)   Sullivan (1984) 
D)   Kemp (1957)

Question 2

Bill takes some tablets which usually have a sedative effect but they actually cause Bill to become violent and he attacks his girlfriend whilst in an intoxicated state. Which of the following statements is true?

Accepted Answer

A)   Bill was voluntarily intoxicated and has a defence to any charge
B)   Bill may use evidence of his voluntary intoxication to negate the mens rea for a specific intent offence
C)   Bill may use evidence of his voluntary intoxication to negate the mens rea for a basic intent offence
D)   Bill was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved

Question 3

Which of the following conditions is NOT likely to amount to a defect of reason caused by a disease of the mind for the purposes of insanity?

Accepted Answer

A)   A seizure due to epilepsy
B)   A hyperglycaemic attack due to diabetes
C)   Absentmindedness due to depression
D)   Sleepwalking

Question 4

Which of the following is NOT a suitable disposal for a defendant who is deemed to be not guilty by reason of insanity?

Accepted Answer

A)   A hospital order
B)   Imprisonment
C)   A supervision and treatment order
D)   An absolute discharge B

Question 5

Which of the following cases is the authority for the proposition that dutch courage is no defence?

Accepted Answer

A)   DPP v Majewski (1977) 
B)   Attorney General for Northern Ireland v Gallagher (1963) 
C)   Hardie (1985) 
D)   O'Grady (1987)  B

Question 6

Who decides whether a defendant is fit to plead in the Crown Court (i.e., fit to stand trial) ?

Accepted Answer

A)   The jury
B)   Two registered medical practitioners
C)   The judge
D)   The defence lawyer C

Question 7

Johnny, aged 11, steals a DVD from a music shop. Which ONE of the following statements is true?

Accepted Answer

A)   Johnny may be prosecuted because the age of criminal responsibility is 10.
B)   Johnny may not be prosecuted because the age of criminal responsibility is 14.
C)   Johnny may be prosecuted if the prosecution successfully rebut the presumption of doli incapax by proving that Johnny knew that his conduct was wrong or that he had "mischievous discretion".
D)   Johnny may not be prosecuted because of the presumption of doli incapax for children aged 10-13.

Question 8

Marie's drink is spiked with a drug which causes her to lash out and attack Scarlet. Which of the following statements is true?

Accepted Answer

A)   Marie was voluntarily intoxicated and may use the evidence of intoxication to negate her mens rea for any offence
B)   Marie was voluntarily intoxicated and may only use the evidence of intoxication to negate her mens rea for a specific intent offence
C)   Marie was involuntarily intoxicated and only has a defence to a specific intent offence provided the mens rea is not proved
D)   Marie was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved

Exam 13: Defences I: Incapacity and Negating the Elements of the Offence

Which ONE of the following cases is an authority for the principle that a defendant who commits an offence while suffering a hypoglycaemic attack may plead automatism?

Correct Answer
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Bill takes some tablets which usually have a sedative effect but they actually cause Bill to become violent and he attacks his girlfriend whilst in an intoxicated state. Which of the following statements is true?

Correct Answer
verified

Which of the following conditions is NOT likely to amount to a defect of reason caused by a disease of the mind for the purposes of insanity?

Correct Answer
verified

Which of the following is NOT a suitable disposal for a defendant who is deemed to be not guilty by reason of insanity?

Correct Answer
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B

Which of the following cases is the authority for the proposition that dutch courage is no defence?

Correct Answer
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B

Who decides whether a defendant is fit to plead in the Crown Court (i.e., fit to stand trial) ?

Correct Answer
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C

Johnny, aged 11, steals a DVD from a music shop. Which ONE of the following statements is true?

Correct Answer
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Marie's drink is spiked with a drug which causes her to lash out and attack Scarlet. Which of the following statements is true?

Correct Answer
verified

Exam 13: Defences I: Incapacity and Negating the Elements of the Offence

Which ONE of the following cases is an authority for the principle that a defendant who commits an offence while suffering a hypoglycaemic attack may plead automatism?

Correct AnswerverifiedShow Answer

Bill takes some tablets which usually have a sedative effect but they actually cause Bill to become violent and he attacks his girlfriend whilst in an intoxicated state. Which of the following statements is true?

Correct AnswerverifiedShow Answer

Which of the following conditions is NOT likely to amount to a defect of reason caused by a disease of the mind for the purposes of insanity?

Correct AnswerverifiedShow Answer

Which of the following is NOT a suitable disposal for a defendant who is deemed to be not guilty by reason of insanity?

Correct AnswerverifiedB

Which of the following cases is the authority for the proposition that dutch courage is no defence?

Correct AnswerverifiedB

Who decides whether a defendant is fit to plead in the Crown Court (i.e., fit to stand trial) ?

Correct AnswerverifiedC

Johnny, aged 11, steals a DVD from a music shop. Which ONE of the following statements is true?

Correct AnswerverifiedShow Answer

Marie's drink is spiked with a drug which causes her to lash out and attack Scarlet. Which of the following statements is true?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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B

Correct Answer
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C

Correct Answer
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Correct Answer
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