SQE1 Criminal Law practice questions

Criminal liability is assessed in FLK2. It covers the general principles (the conduct and mental elements of an offence, causation, parties and inchoate offences), specific offences such as non-fatal offences against the person, homicide, theft, fraud and criminal damage, and defences. Key statutes include the Offences Against the Person Act 1861, the Theft Act 1968, the Criminal Damage Act 1971 and the Fraud Act 2006. Every question below links to the source behind its answer.

Rules to remember

An accessory to murder must intend to assist or encourage the principal to act with intent to kill or cause GBH (possibly conditionally); foresight is evidence of that intent, not a substitute for it. Question L076

A person may be guilty of attempt even where the full offence is impossible; his intent is judged on the facts as he believed them to be (s.1(2), (3) CAA 1981). Question L075

Voluntary intoxication may be considered only on whether D formed a specific intent (e.g. s.18); it is no defence to basic intent offences such as s.20 or s.47. Question L074

In a householder case, grossly disproportionate force is never reasonable; force short of that must still be reasonable in the circumstances as D believed them to be. Question L073

Aggravated criminal damage (and arson) under s.1(2) can be committed against one's own property where D intends or is reckless as to endangering another's life by the damage; no actual harm is needed. Question L072

A defendant has a lawful excuse under s.5(2)(a) CDA 1971 if he honestly believed the owner had consented or would have consented; the belief need not be reasonable. Question L071

Fraud by false representation is complete when D dishonestly makes a false representation intending gain or loss; no one need be deceived and no gain or loss need result. Question L070

An everyday tool is a 'weapon of offence' for aggravated burglary only if D intends it for causing injury or incapacitating; capability to injure is not enough. Question L069

Entering part of a building beyond the scope of one's permission, with intent to steal, is burglary under s.9(1)(a); nothing need be taken. Question L068

Robbery requires force (or putting/seeking to put in fear of force) immediately before or at the time of stealing and in order to steal; force used for another reason does not count. Question L067

A borrowing amounts to intention permanently to deprive under s.6(1) only if it is for a period and in circumstances making it equivalent to an outright taking or disposal. Question L066

Property got by another's mistake, which the recipient is obliged to restore, is treated as belonging to the person entitled to restoration, and an intention not to restore counts as intention permanently to deprive. Question L065

For gross negligence manslaughter, a reasonably prudent person must have been able to foresee a serious and obvious risk of death, not just serious injury, from the breach of duty. Question L064

Unlawful act manslaughter requires a criminal act that all sober and reasonable people would realise carried a risk of some harm, which causes death; the test of danger is objective. Question L063

Diminished responsibility requires an abnormality of mental functioning from a recognised medical condition that substantially impairs a s.2(1A) ability and explains the killing; the defence must prove it, and it reduces murder to manslaughter. Question L062

Loss of control need not be sudden, but the defence is excluded where D acted in a considered desire for revenge (s.54(4) CJA 2009). Question L061

The year and a day rule is abolished; where the fatal injury was sustained more than three years before death, proceedings for murder or manslaughter need the Attorney General's consent. Question L060

The mens rea of murder is an intention to kill or to cause grievous bodily harm; the intended harm need not be life-threatening. Question L059

Under s.71 Domestic Abuse Act 2021, consent to actual bodily harm, wounding or GBH inflicted for sexual gratification is no defence to ss.18, 20 or 47 OAPA 1861 (save the STI exception). Question L058

Section 18 is committed by maliciously wounding or causing GBH with intent either to do GBH or to resist or prevent lawful apprehension; the two intents are alternatives. Question L057

For s.20, the defendant must have intended or actually foreseen that some physical harm to some person, albeit minor, might result; foresight of serious harm is not required. Question L056

Section 47 requires only the mens rea for the assault or battery; the prosecution need not prove intention or recklessness as to the actual bodily harm caused. Question L055

Where D intends to kill or seriously injure V1 but accidentally kills V2, his intent is transferred and he is guilty of murdering V2. Question L054

Recklessness in criminal damage is subjective: the defendant must be aware of a risk that the result will occur, and it must be unreasonable, in the circumstances known to her, to take it. Question L053

A person who creates a dangerous situation, becomes aware of it and fails to take reasonable steps to counteract it can be liable for the consequences, provided he has the mens rea at that point. Question L052

Dishonesty is judged by the standards of ordinary decent people, applied to the defendant's actual knowledge or belief as to the facts (Ivey; Barton). Question 13

Where the defendant may not have desired the result, the jury may find intention only if sure the result was a virtual certainty (barring unforeseen intervention) and the defendant appreciated that (R v Woollin). Question 27

Burglary under s.9(1)(b) needs only a trespassory entry followed by theft (or attempted theft, or GBH or attempted GBH) inside; the ulterior intent at the point of entry is required only for s.9(1)(a). Question 41