(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 3.3.4.2.c.ii.
(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.
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, Therefore, option 3 is correct because only statements (a) and (c) are correct.
1
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.
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