CRIMINAL LAW

Criminal Law Quiz

Test yourself on the principles of criminal law.

This quiz selects 50 random questions from the Ipsa Loquitur Criminal Law question bank, so the quiz will be different each time you take it. To take all the questions on a particular subject, visit that subject's revision page.

1 / 50

Is the defence of necessity available to an offence of strict liability?

2 / 50

In which three circumstances specified by the Theft Act 1968 will a defendant not be considered dishonest?

The defendant pays for, or proves that he is willing to pay to appropriate the object

The defendant believes that he would have the consent of someone entitled to give it if they knew of the appropriation and circumstances

The defendant believes he has a legal right to deprive the other person of the property

The defendant believes that the person to whom the property belongs cannot be discovered by taking reasonable steps

A reasonable person would believe that the defendant would have the consent of someone entitled to give it if they knew of the appropriation and circumstances

A reasonable person would believe that the defendant has a legal right to deprive the other person of the property

3 / 50

Which of the following three scenarios cannot constitute an assault?

The defendant tells the claimant, in person, "If you were not old, I would thump you"

The defendant telephones the claimant, breathing heavily and ominously down the line

The defendant shouts at the claimant from across the street that he is coming to beat him up, but a passing car means that the claimant does not hear

The defendant tells the claimant, in person, "if you do not get out of my way, I will kill you"

The defendant telephones the claimant, remaining silent throughout

The defendant threatens the claimant with a gun, but the claimant knows it is not loaded

4 / 50

Which two are qualifying triggers for the loss of control defence?

There were things said/done which constituted extremely grave circumstances and caused the defendant to justifiably feel seriously wronged

The defendant was suffering from a defect of reason which causally contributed to their acts

The defendant feared serious violence from a third-party against the defendant if they did not commit the acts

The victim said or did things which constituted sexual infidelity against the defendant

The defendant feared serious violence from the victim against the defendant or another identified person

5 / 50

Can the defence of self-defence be relied on if the defendant provoked the victim to attack?

Yes, in all cases

The law is unclear

Yes, but only if the victim escalates beyond what the defendant intended

6 / 50

Harley has vaginal sex with Arthur. She knows that he is not consenting. Which offence has Harley committed?

7 / 50

Theresa enters Richard's house, intending to steal his jewellery. Once inside, she encounters Richard, and panics, picking up a nearby knife. Should Theresa be charged with ordinary burglary or aggravated burglary?

Neither

Ordinary burglary

Aggravated burglary

8 / 50

Josephine commits a crime involuntarily because of a hypoglycemic episode. Which defence would you advise her to rely on?

Automatism

Insanity

Diminished responsibility

9 / 50

For the purposes of the fraud offence, when is a statement false?

If it is untrue and the defendant knows it is untrue

If it is untrue or misleading and the defendant knows it is, or might be, untrue or misleading

If it is strictly untrue

If it is untrue or misleading

10 / 50

When is a defendant reckless as to a consequence happening or a circumstance existing?

Where he subjectively foresaw its possibility and it is unreasonable to take the risk

Where its possibility is objectively foreseeable

Where its possibility is objectively foreseeable and it is unreasonable to take the risk

When he subjectively foresaw its possibility

When he subjectively foresaw a significant possibility and it is unreasonable to take the risk

11 / 50

In which two scenarios will an act of the victim in bringing about a proscribed consequence break the chain of causation between the defendant's acts or omissions and the consequence?

If the victim's act is free, informed and voluntary

The victim's act is due to a special condition or belief system they have

The defendant did not foresee the victim acting in that way, and the proscribed result would not have happened otherwise

If the act is completely unexpected or draft

The victim's act is a more significant cause than the defendant's

12 / 50

If the defendant does the actus reus against one person, but had the mens rea with respect to another person, is this sufficient to show an offence?

13 / 50

Camilla is fed up with her partner, Adrian. She deliberately winds them up to let off some steam. She knows there is a risk that Adrian will become seriously violent if she does this, but is past the point of caring. When Adrian becomes violent, Camilla draws a knife and stabs them. Does Camilla have a qualifying trigger for when she tries to establish the defence of loss of control?

14 / 50

Omar takes prescription medicine for depression. One day, he has a rare reaction to the medicine which causes him to involuntarily commit a criminal offence. The prosecution argue that he cannot rely on the defence of automatism, because he voluntarily took the medicine which caused the automatism. Will this argument succeed?

15 / 50

What additional element must the prosecution show to establish aggravated burglary (as opposed to normal burglary)?

At the time of the burglary the defendant intended to commit rape, criminal damage or infliction of GBH

The building burgled was a dwelling

At the time of the burglary the defendant intended to commit rape

At the time of the burglary the defendant had a firearm, explosive, imitation firearm or weapon

16 / 50

Alfred is a doctor treating Zin, a comatose patient. He turns off her life support machine, and she dies due an inability to breathe unassisted. Has Alfred killed Zin by an act or an omission?

The law is unclear

An act

An omission

17 / 50

Harley has a psychotic disorder, which leads her to believe that Arthur was awake and asked her to have sex with him. In reality, Arthur is unconscious and did not consent. When charged under section 4 of the Sexual Offences Act 2003, Harley argues that she had a reasonable belief in consent. Can her mental disorder be taken into account?

18 / 50

What is the age of criminal responsibility in England and Wales?

19 / 50

The prosecution is seeking to establish the offence of burglary. For the purposes of showing that the defendant entered the building, the prosecution must show that the defendant was sufficiently within the building to commit the offence. True or false?

20 / 50

Yulia shoots Mia in the abdomen, causing Mia to miscarry her child. Yulia intended to kill Mia. Has Yulia committed murder against the baby?

21 / 50

Celestine is a school nurse. Mark, a seventeen-year-old, is brought in with a suspected case of tonsillitis. Mark is sulking, so he refuses to let Celestine have a look inside his mouth. She threatens to 'belt him' if he does not comply. Mark knows that school staff have hit students before, so he reluctantly allows her to look in his mouth and touch the inside with tools. Celestine is charged with battery, and argues that she has the defence of consent because Mark allowed her to do what she did. Will this defence succeed?

22 / 50

Rape is a crime of basic intent. True or false?

23 / 50

Roger intentionally damages a piece of government property (a coal-burning oven) while protesting climate change. When charged with criminal damage, he argues he has lawful excuse, because climate change is destroying the planet and he needs to draw attention to the issue. Will this defence succeed?

24 / 50

The defendant borrows the victim's wedding ring, and loans it to a pawn store. He intends to pay the loan off and get the ring back, at which point he will return it. Is it possible to convict the defendant of theft?

No, because the defendant is not dishonest

No, because there is no appropriation

No, because there is no intention to permanently deprive

Yes

25 / 50

For the purposes of theft, can a defendant be convicted for stealing property he owns?

26 / 50

Is duress a defence to murder?

Yes, but not where the defendant is threatened by another person

Yes, in all cases

Yes, but not where the duress stems from circumstances

27 / 50

Does a defendant who borrows an object intend to permanently deprive the owner?

28 / 50

What three elements must the defendant show to establish loss of control?

The defendant's act resulted from him losing control

The defendant's act resulted from him completely losing control

The defendant's act resulted from a sudden loss of control

The loss of control had a qualifying trigger

A person of the defendant’s age and sex, with a normal amount of self-restraint and tolerance, might have reacted the same way in those circumstances

A reasonable person with normal characteristics might have reacted the same way in those circumstances

A reasonable person with all the defendant's relevant characteristics might have reacted the same way in those circumstances

29 / 50

In which two scenarios is the defendant's intoxication relevant to his guilt for an offence?

Where the intoxication is voluntary and prevented the defendant from forming the mens rea of an offence of specific or basic intent

Where the intoxication is involuntary and caused the defendant to act in a way in which he would not if he were sober

Where the intoxication is voluntary and prevented the defendant from forming the mens rea of an offence of specific intent

Where the intoxication is involuntary and prevented the defendant from forming the mens rea of an offence or specific or basic intent

Where the intoxication is voluntary and prevented the defendant from forming the mens rea of an offence of basic intent

30 / 50

For the purposes of blackmail, what is 'menaces'?

The threat of violence to persons or property which the defendant can carry out

Any action an ordinarily stable person would find detrimental or which the defendant knows the particular victim will find detrimental

The threat of violence to persons or property

Any action an ordinarily stable person would find detrimental or which the defendant knows the particular victim will find detrimental, which the defendant is able to carry out

31 / 50

In which two scenarios will an act of a third-party in bringing about a proscribed consequence break the chain of causation between the defendant's acts or omissions and the consequence?

If the third-party's act is free, informed and unreasonable

The third-party's act is a more significant cause than the defendant's

The third-party's act is due to a special condition or belief system they have

If the act is unforeseeable

The defendant did not foresee the third-party acting in that way, and the proscribed result would not have happened otherwise

32 / 50

Can an adult be convicted of being an accessory to a crime committed by a child under the age of criminal responsibility?

33 / 50

What four elements does the prosecution need to show to establish gross negligence manslaughter?

The defendant breached a duty of criminal or civil law

The defendant caused the victim's death

The defendant was negligent

There was an obvious and serious risk of death or serious injury

The defendant intended or foresaw the risk of death

The defendant was grossly negligent

There was an obvious and serious risk of death

The defendant breached a duty of criminal law

34 / 50

A person is accused of fraud by abuse of position. What position must the prosecution demonstrate the person occupied to establish the offence?

A fiduciary duty

The law is unclear

Any position of trust

Any position in which the person has access to money

35 / 50

Leo is trying to escape a burning building. The only way out is up a ladder, but that ladder is being blocked by Gareth. Gareth is frozen in fear and cannot move out of the way to let Leo pass, nor can he move up the ladder. Because they will both die if Leo does nothing, Leo pulls Gareth off the ladder, causing him to fall to his death. He is later charged with Gareth's murder. Is the defence of necessity available to him?

36 / 50

To establish the mens rea of burglary, the prosecution must show that:

The defendant intended to enter the building and knew or was reckless as to the facts which made him a trespasser

The defendant intended to enter the building and knew he was a trespasser

The defendant intended to enter the building and knew the facts which made him a trespasser

37 / 50

Battery is a crime of basic intent. True or false?

38 / 50

When is a defendant dishonest?

When the defendant is subjectively aware that ordinary, honest people would consider his actions dishonest

When an ordinary, honest person with the defendant's factual beliefs would consider the defendant's actions dishonest

When an ordinary, honest person would consider the defendant's actions dishonest

When the defendant subjectively acknowledges their behaviour was dishonest

39 / 50

Harold goes to Ricardo's house, and explains that he is showing men how to check for testicular cancer. Ricardo accepts a demonstration, and during this demonstration, Harold touches Ricardo's leg. In reality, Harold is merely trying to prank Ricardo. When Harold is charged with battery, he argues that Ricardo consented to the touching. Is Ricardo's consent a defence?

40 / 50

Liza purchases a car from Ricky, not realising or suspecting that it is stolen. Has she 'appropriated' the car?

41 / 50

Michael threatens Adrian that he will reveal sensitive information if Adrian does not have sex with him. Has Michael committed blackmail?

No, because there are no menaces

No, because he did not threaten violence

No, because there is no relevant gain or loss

Yes

42 / 50

What four elements must the prosecution prove to establish assault by penetration?

Non-consensual penetration of another person’s vagina, anus or mouth with anything

Non-consensual penetration of another person’s vagina, anus or mouth with the defendant’s penis

Intention to penetrate or subjective recklessness

Lack of honest belief in consent

The penetration is sexual

Intention to penetrate

Lack of reasonable belief in consent

43 / 50

What two elements must the prosecution establish to convict a defendant of an offence under section 20 of the Offences Against the Person Act 1861?

The defendant intended to cause GBH or wound, or was subjectively reckless

The defendant caused GBH to the victim

The defendant intended to cause some harm or was subjectively reckless

The defendant wounded or caused GBH to the victim with a weapon

The defendant wounded or caused GBH to the victim

The defendant intended to cause GBH or was subjectively reckless

44 / 50

Emmy stabs at Ricky with a blunt kitchen knife. The attack tears the top layer of Ricky's skin off and causes horrific bruising. Has Emmy wounded Ricky?

45 / 50

Which of the following would be classed as actual bodily harm?

Cutting some one's hair

Causing a person to lose consciousness for a moment

A recognised psychiatric disorder

Causing someone distress or startling them

46 / 50

Can a pure opinion be a representation for the purposes of fraud?

47 / 50

People are under a duty to retreat rather than use force in self-defence is they are able. True or false?

48 / 50

Assault is a crime of specific intent. True or false?

49 / 50

What three elements must the prosecution prove to establish rape?

Intention to penetrate or subjective recklessness

Non-consensual penetration of another person’s vagina, anus or mouth with the defendant’s penis

Intention to penetrate

Lack of honest belief in consent

Lack of reasonable belief in consent

Non-consensual penetration of another person’s vagina, anus or mouth with any body part

50 / 50

Josephine commits a crime involuntarily because of a hyperglycemic episode. Which defence would you advise her to rely on?

Automatism

Insanity

Diminished responsibility

Your score is

Criminal Law Mind Maps

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CRIMINAL LAW

Basic Concepts

Non-Fatal Offences

Fatal Offences

Property Offences

Sexual Offences

Other Forms of Liability

Condition Defences

General Defences

Other Defences

Criminal Law Mind Maps

Criminal Mind Maps

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