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block

The Criminal Justice System of England and Wales operates within which system of justice?

Select the correct answer(s).  

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An adversarial system of justice

An inquisitorial system of justice

A mixture of both systems

None of the above

none

What is an offence of strict liability?

Select the correct answer(s).  

(0/0)

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An offence created by statute

An offence that can only be tried before a jury

An offence which does not require mens rea to be proved in relation to one or more elements of the actus reus.

An offence that requires mens rea but no actus reus.

none

What is an evidential burden?

Select the correct answer(s).  

(0/0)

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It is a burden to adduce evidence to make an issue 'live' in a case

It is a type of proof burden

It means the defendant has to prove the defence of insanity

It means that wherever the burden of proof is reversed to the defendant, he has to prove the defence on a balance of probabilities

none

Which of the following is TRUE?

Select the correct answer(s).  

(0/0)

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It is for the defendant to prove he did not form the the mens rea of the crime

Intention is assessed objectively

The mens rea of murder is intention

The burden of proving mens rea lies with the prosecution

none

Which one is correct? The study of Criminal Law is a study of:

Select the correct answer(s).  

(0/0)

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Liability, that is, matters of guilt and innocence

Truth, that is, what actually happened and how justice can be served

Sentence, that is, how long the offender can be sent to prison

none

Which of the following describes the conduct requirement of a criminal offence?

Select the correct answer(s).  

(0/0)

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Transferred malice

Doctrine of joint enterprise

Actus Reus

Mens Rea

none

Which of the following crimes cannot be committed by omission?

Select the correct answer(s).  

(0/0)

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Manslaughter

Criminal damage

Murder

Fraud

none

Which of the following is the most accurate description of subjective recklessness? The defendant took an unjustifiable risk and:

Select the correct answer(s).  

(0/0)

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foresaw the risk and took the risk anyway

foresaw the risk so chose not to run the risk

was wicked in his conduct

the risk would have been obvious to the reasonable person, where D did not forsee it.

none

Which of the following statements about actus reus of rape is INCORRECT?

Select the correct answer(s).  

(0/0)

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It must be proved that the victim did not consent

It must be proved that the Defendant ejaculated

The victim may be female, male or transexual

It must be proved that the Defendant penetrated the victim's vagina, anus or mouth

none

Causation must be proven for which crimes?

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(0/0)

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Circumstance-only crimes

Conduct-only crimes

Mens rea crimes

Result crimes

none

Which of the following is not a way in which fraud can be committed?

Select the correct answer(s).  

(0/0)

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By false representation

By failing to disclose information

By appropriation

By abuse of position

none

Which Article of the ECHR upholds the principle of 'innocent until proven guilty'?

Select the correct answer(s).  

(0/0)

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Article 4(2)

Article 8(2)

Article 6(2)

Article 2(2)

none

Which of the following statements best represents the law from the Court of Appeal decision in R v Dica (2004)?

Select the correct answer(s).  

(0/0)

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The Court followed the decision in R v Clarence (1888)

The defendant did not tell the victims that he was HIV positive and by knowing that he was HIV positive, he had committed an offence under Section 20 of the Offences Against Persons Act (1861)

The defendant had unprotected consensual sex with 2 women but this could not constitute an assault

The victims had consented to the risk of disease by having unprotected sex, and no offence had been committed

none

To which of the following offences does diminished responsibility provide a defence?

Select the correct answer(s).  

(0/0)

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Manslaughter

Murder

Attempted Murder

Wounding or causing GBH

none

The prosecution must prove a criminal offence:

Select the correct answer(s).  

(0/0)

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Beyond all doubt

Beyond reasonable doubt

By a majority of the evidence

By clear and convincing evidence