Question 1

Which of the following correctly represents the Hasan view of immediacy in relation to the subjective test in duress?

Accepted Answer

A)  The threatened harm must be expected immediately or almost immediately. 
B)  The threatened harm must be expected in the near future. 
C)  The threat must destroy the will of the accused at the moment s/he has to decide whether to commit a crime or not, even though the threatened injury may follow after a delay. 
D)  The threatened harm must be expected imminently. 
A)  The threatened harm must be expected immediately or almost immediately. 
B)  The threatened harm must be expected in the near future. 
C)  The threat must destroy the will of the accused at the moment s/he has to decide whether to commit a crime or not, even though the threatened injury may follow after a delay. 
D)  The threatened harm must be expected imminently. A

Question 2

D kills V by shooting him in the back, mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

Accepted Answer

A)  D's mistaken belief must be objectively reasonable. 
B)  D's mistaken belief must be honest. 
C)  D's mistaken belief must be honest and reasonable. 
D)  D is not allowed to have a mistaken belief. 
A)  D's mistaken belief must be objectively reasonable. 
B)  D's mistaken belief must be honest. 
C)  D's mistaken belief must be honest and reasonable. 
D)  D is not allowed to have a mistaken belief. B

Question 3

A gang demand that V amongst a group be turned over for execution, the rest to go free. The group surrenders V to save everyone else. Which of the following will provide a defence (See Re A p414-418:

Accepted Answer

A)  Necessity 
B)  Duress 
C)  Self-defence 
D)  Mistake 
A)  Necessity 
B)  Duress 
C)  Self-defence 
D)  Mistake A

Question 4

In relation to the subjective test in duress, if D makes a mistake as to the nature of the threats of violence, the mistake must be:

Accepted Answer

A)  Honest on the facts as D believed them to be. 
B)  Reasonable to D. 
C)  Both honest and reasonable according to the reasonable man. 
D)  Reasonable on the basis of threats which actually exist. 
A)  Honest on the facts as D believed them to be. 
B)  Reasonable to D. 
C)  Both honest and reasonable according to the reasonable man. 
D)  Reasonable on the basis of threats which actually exist.

Question 5

To which of the following offences can duress provide a defence:

Accepted Answer

A)  Murder 
B)  Assault 
C)  Treason 
D)  Attempted murder 
A)  Murder 
B)  Assault 
C)  Treason 
D)  Attempted murder

Question 6

D, an abused woman, kills her violent husband whilst he is sleeping through fear that he will kill her or her children the next day. The case which prevents her from claiming self-defence is as follows:

Accepted Answer

A)  Beckford [1987] 
B)  Evans v Hughes [1972] 
C)  AG's Ref [No 2 of 1983] 
D)  Devlin v Armstrong [1971] 
A)  Beckford [1987] 
B)  Evans v Hughes [1972] 
C)  AG's Ref [No 2 of 1983] 
D)  Devlin v Armstrong [1971]

Question 7

The ratio of Morgan [1976] in relation to the defence of mistake is as follows:
Inorrect

Accepted Answer

A)  A mistaken belief in facts needs to be reasonable. 
B)  A mistaken belief in facts needs to be honest and reasonable. 
C)  A mistaken belief in facts is never a defence. 
D)  An honest mistake of fact will excuse D from liability on the basis that D will lack the MR for the crime, even if the belief is unreasonable. 
A)  A mistaken belief in facts needs to be reasonable. 
B)  A mistaken belief in facts needs to be honest and reasonable. 
C)  A mistaken belief in facts is never a defence. 
D)  An honest mistake of fact will excuse D from liability on the basis that D will lack the MR for the crime, even if the belief is unreasonable.

Question 8

D kills V by shooting him in the back mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

Accepted Answer

A)  The use of force must be reasonable on the facts as D honestly believed them to be. 
B)  The use of excessive force must be necessary on the facts as D believed them to be. 
C)  The use of excessive force is never permitted. 
D)  D must establish that anyone would have made the same mistake. 
A)  The use of force must be reasonable on the facts as D honestly believed them to be. 
B)  The use of excessive force must be necessary on the facts as D believed them to be. 
C)  The use of excessive force is never permitted. 
D)  D must establish that anyone would have made the same mistake.

Question 9

D has bought drugs from a regular dealer for many years. The dealer threatens D that unless D assists him to beat up X, he will seriously injure D. Which of the following represents the objective test of duress:

Accepted Answer

A)  Voluntary association with criminals will only defeat the defence if D was aware he might be forced to commit a crime of the type actually committed. 
B)  Voluntary association will defeat the defence if D ought to have known he would be coerced into committing any type of activity. 
C)  Voluntary association will defeat the defence if D actually knew of the risk of committing any offence. 
D)  Voluntary association will defeat the defence provided the foreseeable risk is one of duress rather than unlawful violence. 
A)  Voluntary association with criminals will only defeat the defence if D was aware he might be forced to commit a crime of the type actually committed. 
B)  Voluntary association will defeat the defence if D ought to have known he would be coerced into committing any type of activity. 
C)  Voluntary association will defeat the defence if D actually knew of the risk of committing any offence. 
D)  Voluntary association will defeat the defence provided the foreseeable risk is one of duress rather than unlawful violence.

Question 10

D is weak and fearful and believes in threats of violence from X unless she robs a bank. Which of the following represents the law in relation to the objective test in duress:

Accepted Answer

A)  Age, sex, pregnancy, physical disability and recognized mental illness may be admissible characteristics but nothing else (Bowen). 
B)  It is morally unfair to exclude the weak and fearful from the defence and so these characteristics are admissible. 
C)  Women should always be granted the defence. 
D)  The objective test should focus on whether it was reasonable for this particular D with his/her characteristics to have succumbed to the threat. 
A)  Age, sex, pregnancy, physical disability and recognized mental illness may be admissible characteristics but nothing else (Bowen). 
B)  It is morally unfair to exclude the weak and fearful from the defence and so these characteristics are admissible. 
C)  Women should always be granted the defence. 
D)  The objective test should focus on whether it was reasonable for this particular D with his/her characteristics to have succumbed to the threat.

Which of the following correctly represents the Hasan view of immediacy in relation to the subjective test in duress?

D kills V by shooting him in the back, mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

A gang demand that V amongst a group be turned over for execution, the rest to go free. The group surrenders V to save everyone else. Which of the following will provide a defence (See Re A p414-418:

In relation to the subjective test in duress, if D makes a mistake as to the nature of the threats of violence, the mistake must be:

To which of the following offences can duress provide a defence:

D, an abused woman, kills her violent husband whilst he is sleeping through fear that he will kill her or her children the next day. The case which prevents her from claiming self-defence is as follows:

The ratio of Morgan [1976] in relation to the defence of mistake is as follows: Inorrect

D kills V by shooting him in the back mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

D has bought drugs from a regular dealer for many years. The dealer threatens D that unless D assists him to beat up X, he will seriously injure D. Which of the following represents the objective test of duress:

D is weak and fearful and believes in threats of violence from X unless she robs a bank. Which of the following represents the law in relation to the objective test in duress:

Introduction and General Principles

Actus Reus: Acts, Omissions, and Causation

Homicide II: Voluntary and Involuntary Manslaughter

Defences of Incapacity and Mental Conditions

Non-Fatal Offences Against the Person

Sexual Offences

Property Offences I

Property Offences II: Fraud and Making Off Without Payment

Filters

Exam 5: Defences of Compulsion

Which of the following correctly represents the Hasan view of immediacy in relation to the subjective test in duress?

D kills V by shooting him in the back, mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

A gang demand that V amongst a group be turned over for execution, the rest to go free. The group surrenders V to save everyone else. Which of the following will provide a defence (See Re A p414-418:

In relation to the subjective test in duress, if D makes a mistake as to the nature of the threats of violence, the mistake must be:

To which of the following offences can duress provide a defence:

D, an abused woman, kills her violent husband whilst he is sleeping through fear that he will kill her or her children the next day. The case which prevents her from claiming self-defence is as follows:

The ratio of Morgan [1976] in relation to the defence of mistake is as follows: Inorrect

D kills V by shooting him in the back mistakenly believing that his own life is in danger from V. Which of the following will provide the defence of self-defence:

D has bought drugs from a regular dealer for many years. The dealer threatens D that unless D assists him to beat up X, he will seriously injure D. Which of the following represents the objective test of duress:

D is weak and fearful and believes in threats of violence from X unless she robs a bank. Which of the following represents the law in relation to the objective test in duress:

Introduction and General Principles

Actus Reus: Acts, Omissions, and Causation

Homicide II: Voluntary and Involuntary Manslaughter

Defences of Incapacity and Mental Conditions

Non-Fatal Offences Against the Person

Sexual Offences

Property Offences I

Property Offences II: Fraud and Making Off Without Payment

Filters