Understanding Consent In Law

Consent is defined in the Sexual Offences Act *, section *, as follows (choose the correct answer) Question 2Select one: a. A person consents where they submit to the sexual act and had the capacity to do so b. A person consents where they have the freedom and the capacity to consent c. A person consents where they agree by choice and have the freedom and capacity to make that choice.

Which of the following statements relating to the actus reus for rape is FALSE? Question 3Select one: a. Penetration ends at the point of entry b. Penetration is a continuing act from the point of entry to the point of withdrawal c. The slightest degree of penetration suffices d. Penetration does not require emission of seed

Which legal test did the Court of Appeal suggest in Lawrance (*) to accept that some deceptions could vitiate consent? Choose the best answer. Question 4Select one: a. Freedom to choose concerns both the performance of the act and the broad circumstances surrounding the act. b. Freedom to choose concerns the performance of the sexual act only if the D actively deceives. c. Freedom to choose concerns only the performance of the sexual act, not the broad circumstances surrounding the act.

no

Absence of consent can be proven relying on an evidential presumption, where Question 5Select one: a. D did the relevant act, any of the circumstances listed in s75(*) of the Sexual Offences Act * apply, D knew the circumstance applied, and the presumption is not rebutted by evidence from D. b. Any of the circumstances listed in s75(*) of the Sexual Offences Act * apply. c. D did the relevant act, any of the circumstances listed in s75(*) of the Sexual Offences Act * apply, and the presumption is not rebutted by evidence from D. d. D did the relevant act, any of the circumstances listed in s75(*) of the Sexual Offences Act * apply, D knew or was reckless as to whether the circumstance applied. e. D did the relevant act, any of the circumstances listed in s75(*) of the Sexual Offences Act * apply, D knew or was reckless as to whether the circumstance applied, and the presumption is not rebutted by evidence from D.

When is penetration or touching 'sexual' according to section * of the Sexual Offences Act *? Choose the correct statement. Question 6Select one: a. A reasonable person would consider that the act is sexual either because: it is by its nature sexual, irrespective of the circumstances or any person’s purpose in relation to the act; or, because of its nature it may be sexual and because of the circumstances or purpose of any person in relation to the act (or both), it is sexual. b. Most reasonable people would consider the act to be sexual according to their standards. c. A reasonable person would consider that the act is sexual either because: it is by its nature sexual, irrespective of the circumstances or any person’s purpose in relation to the act; or, because of the circumstances or purpose (or both) it may be sexual.

When is penetration or touching 'sexual' according to section * of the Sexual Offences Act *? Choose the correct statement. Question 6Select one: a. A reasonable person would consider that the act is sexual either because: it is by its nature sexual, irrespective of the circumstances or any person’s purpose in relation to the act; or, because of its nature it may be sexual and because of the circumstances or purpose of any person in relation to the act (or both), it is sexual. b. Most reasonable people would consider the act to be sexual according to their standards. c. A reasonable person would consider that the act is sexual either because: it is by its nature sexual, irrespective of the circumstances or any person’s purpose in relation to the act; or, because of the circumstances or purpose (or both) it may be sexual.

When insanity is accepted, and the defendant is found not guilty by reason of insanity, which of the following sentences can the judge not use? Question 1Select one: A. A supervision and treatment order. B. A hospital order C. An order of absolute discharge. D. A prison sentence, for which the judge determines the length.

Age can give rise to a presumption of irresponsibility (i.e. a presumption of lack of criminal responsibility). Which of the following describes the current state of the English criminal law regarding age? Choose the best answer. Question 2Select one: A. Age gives rise to a presumption of irresponsibility when the child is ten years old. B. Age gives rise to an irrebuttable presumption of irresponsibility when the person is a child younger than ten years old. C. Age gives rise to a presumption of irresponsibility when the person is a child younger than twelve years old or is an adult of eighty years old or above. D. Age gives rise to a presumption of irresponsibility when the person is a child of twelve years old.

When is intoxication involuntary? Choose the best answer. Question 3Select one: A. Intoxication is involuntary where D has taken medication in accordance with the prescription, or has taken a non-dangerous drug, or has been deceived into taking a drug. B. Intoxication is involuntary when D took medication in accordance with the prescription and has been deceived into taking a drug. C. Intoxication is involuntary when D took a non-dangerous drug or has been deceived into taking a drug. D. Intoxication is involuntary when D took medication in excess of the amount prescribed.

When will intoxication negate D's mens rea? Choose the most accurate and complete answer. Question 4Select one: a. Intoxication is involuntary; or it is voluntary and D lacks MR. b. When the intoxication is involuntary and D lacks MR. c. When the intoxication is involuntary and D lacks MR; or when it is voluntary and the alleged offence is a specific intent offence.

Which of the following defines a 'disease of the mind'? Choose the best answer. Question 5Select one: a. A medically recognised psychosis or mental disorder. b. A temporary or permanent condition, stemming from an internal cause. c. A disease of the brain, stemming from an internal cause.

Which of the following describes insanity? Choose the most accurate answer. Question 6Select one: a. Insanity is an excusatory defence. b. Insanity is a justificatory defence c. Insanity is a justificatory defence and a denial of an offence. d. Insanity is a excusatory defence and a denial of an offence.

Why does the defence of necessity not have clear criteria to apply, unlike other defences we have studied? Question 1Select one: A. Because the defence has been abolished. B. Because courts have not taken the time to establish clear criteria. C. There are clear criteria to apply which, if met, will mean the defence is available. These are set out in Re A (Children) [*]. D. Because it is designed as a defence of last resort or a safety net, intended to plug any gaps that may exist in the criminal law.

In assessing the defendant’s mistaken belief in the existence of a threat under the public and private defence (self-defence), do courts take the defendant’s own characteristics into account? Question 2Select one: a. There is flexibility for the courts to take different characteristics into account depending on the factual circumstances. In any case, sensitivity to danger will always be taken into account (R v Martin [*]). b. All of the defendant’s characteristics can be considered. The courts will especially take any psychiatric disorder into account (R v Martin [*]). c. The courts will only take sensitivity to danger or psychiatric disorder into account (R v Martin [*]). d. Characteristics such as sensitivity to danger or psychiatric disorder cannot be considered (R v Martin [*]).

In assessing the defendant’s mistaken belief in the existence of a threat under the public and private defence (self-defence), do courts take the defendant’s own characteristics into account? Question 2Select one: a. There is flexibility for the courts to take different characteristics into account depending on the factual circumstances. In any case, sensitivity to danger will always be taken into account (R v Martin [*]). b. All of the defendant’s characteristics can be considered. The courts will especially take any psychiatric disorder into account (R v Martin [*]). c. The courts will only take sensitivity to danger or psychiatric disorder into account (R v Martin [*]). d. Characteristics such as sensitivity to danger or psychiatric disorder cannot be considered (R v Martin [*]).

In analysing the existence of a threat under the public and private defence (self-defence), do courts apply a subjective or objective test? Question 3Select one: a. There is no need to analyse the existence of a threat under the public and private defence. b. Objective – even if the defendant honestly believes that a threat exists, this belief needs to be reasonable (as per Gladstone Williams [*] and Beckford [*]). c. Subjective – the defendant must honestly believe that a threat exists, but this belief does not need to be reasonable (as per Gladstone Williams [*] and Beckford [*]). d. This will depend on the factual circumstances of the case.

In analysing the existence of a threat under the public and private defence (self-defence), do courts apply a subjective or objective test? Question 3Select one: a. There is no need to analyse the existence of a threat under the public and private defence. b. Objective – even if the defendant honestly believes that a threat exists, this belief needs to be reasonable (as per Gladstone Williams [*] and Beckford [*]). c. Subjective – the defendant must honestly believe that a threat exists, but this belief does not need to be reasonable (as per Gladstone Williams [*] and Beckford [*]). d. This will depend on the factual circumstances of the case.

its actually a subjective test...

why did you say objective when it is subjective

The public and private defence (also known as self-defence) was historically examined as two separate defences but is now viewed as one. Why is this? Question 6Select one: A. The private defence very rarely applies, so for the sake of ease it was joined to the public defence. B. In most cases, both public and private elements will arise (e.g. the defendant uses force in order to defend themselves as well as to prevent crime). Consequently, the defence is now seen as a single public and private defence. C. There is no such defence as the public and private defence in criminal law. D. This statement is incorrect, the public and private defence is still viewed as two separate defences.

How do courts test the immediacy of a threat under duress? Question 1Select one: A. Duress is only available if there was no evasive action the defendant could reasonably have been expected to take. B. The defendant does not need to have taken any evasive action – they were the victim of a threat, after all. C. This is not a requirement that courts need to look at.

How do courts test the immediacy of a threat under duress? Question 1Select one: A. Duress is only available if there was no evasive action the defendant could reasonably have been expected to take. B. The defendant does not need to have taken any evasive action – they were the victim of a threat, after all. C. This is not a requirement that courts need to look at.

The leading authority which outlines the * requirements of duress is: Question 2Select one: A. DPP for N.I v Lynch [*] B. R v Hasan [*] C. R v Fitzpatrick [*] D. R v Sharp [*]

For the defence of duress, the relevant tests are objective, with reference to the reasonableness of the defendant's perceptions and conduct. Which of the following statements is the most accurate? Question 3Select one: a. Characteristics due to self-inflicted abuse such as alcohol, drugs, glue sniffing are relevant and must be considered by the courts. This is set out in the key authority of R v Bowen [*]. b. Characteristics such as age, pregnancy, serious physical disability and possibly sex are relevant. The fact that a defendant may be timid, suggestible or vulnerable are not relevant characteristics. This is set out in the key authority of R v Bowen [*]. c. The fact that a defendant may be timid, suggestible or vulnerable must be taken into account. This is set out in the key authority of R v Bowen [*].

Can duress be relied on as a defence to murder? Question 4Select one: a. It depends on the circumstances. The legal tests can be found in R v Howe [*], R v Wilson [*] and R v Gotts [*]. b. Yes, even if the defendant could not reasonably foresee that they would be compelled to commit murder by voluntary association with a gang. c. No, as confirmed by the authorities in R v Howe [*], R v Wilson [*] and R v Gotts [*].

Which statement most accurately summarises the duress requirement that the criminal conduct must have been directly caused by the threats? Question 5Select one: a. What matters is the defendant’s belief that the threat existed, even if this belief is not reasonable. b. What matters is the defendant’s reasonable belief – not whether the threat actually existed. It suffices that a reasonable person in the defendant’s position would have also believed that there was a real threat of death or serious injury. c. The defendant must be able to prove that a real threat existed.

For the defence of duress, the relevant tests are objective, with reference to the reasonableness of the defendant's perceptions and conduct. Which of the following statements is the most accurate? Question 6Select one: a. The courts test whether a sober person, of reasonable firmness, would have responded in the same way. None of the defendant’s characteristics may be taken into account (R v Graham [*]; R v Bowen [*]). b. The courts test whether a sober person, of reasonable firmness, sharing the defendant’s characteristics, would have responded in the same way (R v Graham [*]; R v Bowen [*]). c. The courts test whether a sober person, of reasonable firmness, sharing the defendant’s characteristics, would have responded in the same way (Hudson and Taylor [*]; Abdul Hussain and Others [*]).

The MR for the circumstance element in an attempt is: Question 1Select one: a. Intention for the actus reus and the circumstance if the result is impossible in fact (Khan, *). b. Intention for the actus reus and the circumstance if the result is impossible in fact (Pace, *). c. Intention.

The mens rea of attempted murder is: Question 2Select one: a. Intention to kill. b. Intention to kill or cause GBH. c. Intention to cause GBH.

S.*(*) of the Criminal Attempts Act * states that “A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.” What did Parliament mean by 'impossible'? Choose the best answer. Question 3Answer a. Parliament refers to an impossibility as to the facts, not to an impossibility as to the law. For example, when D puts sugar believing it is poison. b. Parliament refers to an impossibility as to the facts or to the law. c. Parliament refers to an impossibility as to the facts and the law. d. Parliament refers to an impossibility as to the facts and/or the law

S.*(*) of the Criminal Attempts Act * states that “A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.” What did Parliament mean by 'impossible'? Choose the best answer. Question 3Answer a. Parliament refers to an impossibility as to the facts, not to an impossibility as to the law. For example, when D puts sugar believing it is poison. b. Parliament refers to an impossibility as to the facts or to the law. c. Parliament refers to an impossibility as to the facts and the law. d. Parliament refers to an impossibility as to the facts and/or the law

Not all offences can be attempted. Choose the best answer describing the offences which cannot be attempted. Question 4Answer a. The following offences cannot be attempted: summary only offences (grievous bodily harm), conspiracy and accessorial liability, as an attempt would criminalise or be very close to criminalising the thought process. b. The following offences cannot be attempted: indictable offences and triable either way offences. c. The following offences cannot be attempted: summary only offences (assault and battery), conspiracy and accessorial liability, as an attempt would criminalise or be very close to criminalising the thought process. d. The following offences cannot be attempted: summary only offences (assault, battery, and actual bodily harm), conspiracy and accessorial liability, as an attempt would criminalise or be very close to criminalising the thought process.

Which one of the following statements best summarises the meaning of attempt in criminal law? Question 5Select one: A. The offence of attempt criminalises D for intentionally doing something that is more than merely preparatory towards the commission of a principal offence they are trying to commit. B. The offence of attempt criminalises D for doing something that is preparatory towards the commission of a principal offence they are trying to commit. C. The offence of attempt criminalises D for doing something that is more than merely preparatory towards the commission of the offence. D. The offence of attempt criminalises D for not doing something that is more than merely preparatory towards the commission of a principal offence they are not trying to commit.

Is attempt by omission possible? Select the most accurate answer. Question 6Select one: A. Yes, the law explicitly addresses this issue. B. No, the law explicitly addresses this issue. C. Yes, there is case law to support this view. D. It is unlikely, due to the law’s wording but it is contested.

S4 TA * refers to 'things in action and all other intangible property'. Which of the following is NOT considered ‘things in action and other intangible property’? Question 1Select one: a. Trade marks. b. Land c. Credit. d. Land and confidential information.

S4 TA * refers to 'things in action and all other intangible property'. Which of the following is NOT considered ‘things in action and other intangible property’? Question 1Select one: a. Trade marks. b. Land c. Credit. d. Land and confidential information.

D has collected part-used underground tickets and resold them. Could he be criminally liable for theft? Choose the best answer. Question 2Select one: a. D is criminally liable because the transport company retains proprietary interests in future sales. b. No, D is not criminally liable because tickets do not qualify as property. c. D could be criminally liable, depending on whether a clause on the tickets clearly indicates (or not) that the tickets still belong to the transport company. d. D cannot be criminally liable if s/he received them with the consent of the people who had purchased them.