CRW2601-EXAMPACK Q AND A.

OCT / NOV 2016 PART A (MULTIPLE-CHOICE QUESTIONS) QUESTION 1 (a) This statement is correct. See SG 2.2. (b) This statement is correct. See SG 2.3.2. (c) This statement is incorrect. The investigation into the presence of the four general requirements must follow a certain sequence, namely conduct, which complies with the definitional elements of the crime, unlawfulness and culpability. See SG 1.5.3. Therefore, option 3 is correct because only statements (a) and (b) are correct. QUESTION 2 (a) This statement is correct. See SG 2.6. (b) This statement is correct. See SG 2.7. (c) This statement is incorrect. The ius acceptum principle applies to both common law and statutory crimes. See SG 2.4. Therefore, option 4 is correct because only statements (a) and (b) are correct. QUESTION 3 (a) This statement is correct. See SG . (b) This statement is incorrect. Unlawfulness is usually determined without reference to X’s state of mind. See SG 5.2.4. (c) This statement is correct. See SG 3.4.2. Therefore, option 3 is correct because only statements (a) and (c) are correct. QUESTION 4 (a) This statement is incorrect. The defence of obedience to orders will not justify an act that was done in obedience to a manifestly unlawful order. See SG 6.6 and Criminal Law 135. (b) This statement is correct. See SG 6.5.2. (c) This statement is correct. See SG 8.2.4(1). Therefore, option 4 is correct because only statements (b) and (c) are correct. QUESTION 5 (a) This statement is correct. See SG 10.2. (b) This statement is correct. See SG 10.3. (c) This statement is correct. See SG 10.4. Therefore, option 5 is correct because all the statements are correct. QUESTION 6 (a) This statement is correct. See SG 7.2.5; Reader 97; Casebook 131. (b) This statement is correct. See SG 7.3.3. (c) This statement is correct. See SG 5.2.3(2); Reader 52; Casebook 61. Therefore, option 4 is correct because all the statements are correct. QUESTION 7 (a) This statement is incorrect. Putative private defence occurs when X thinks that she was entitled to act in private defence. It is not a real situation of private defence. But it is an example of a mistake relating to the element of unlawfulness (i.e. the existence of a ground of justification). See SG 10.3 to understand which wrong impression of facts qualifies as a material mistake that affords X a defence excluding culpability. This form of mistake does exclude culpability. See 10.6.1. (b) This statement is incorrect. The attack must be threatening but must not have been completed. See SG 5.3.2(3). (c) This statement is correct. See SG 6.5.3. Therefore, option 2 is correct because only statement (c) is correct. QUESTION 8 (a) This statement is incorrect. To succeed on the defence of mental illness, it must be established that the mental illness resulted in the impairment of any of the mental abilities in the psychological leg of criminal capacity. See SG 8.2.5. (b) This statement is incorrect. The legal presumption of criminal incapacity in relation to a 10-year-old child is rebuttable. See SG 8.3. (c) This statement is incorrect. Accessories after the fact are “nonparticipants”. See SG 14.2.1. Therefore, option 4 is correct because none of the statements is correct. QUESTION 9 (a) This statement is incorrect. See the correct definition of dolus eventualis at SG 9.4.3. (b) This statement is incorrect. A “joiner-in” does not act with a common purpose of others, and his blow is administered at a stage when Y’s lethal wound had already been inflicted. See SG 14.3.5. (c) This statement is correct. See SG 15.2.5. Therefore, option 3 is correct because only statement (c) is correct. QUESTION 10 (a) This statement is correct. See SG 15.3.3. (b) This statement is incorrect. Actio libera in causa is where X, intending to commit a crime, voluntarily drinks in order to generate the necessary courage to perpetrate the crime once he is intoxicated. This form of voluntary intoxication is no defence. See SG 12.4.1. (c) This statement is correct. See SG 12.6 and Summary in study unit 12. Therefore, option 3 is correct because only statements (a) and (c) are correct.