CILEx L6 Advanced Criminal Practice 2

Question 1

What are the elements of the offence of fraud by false representation under s.2 of the Fraud Act 2006?

Accepted Answer

Dishonestly making a false representation, knowing it is or might be untrue or misleading, with intent to make a gain for oneself or another, or to cause loss to another or expose another to a risk of loss

Answer

Making a false statement and obtaining property as a result

Answer

Making any untrue statement to a public official

Answer

Deceiving another person into entering a contract

Question 2

In the context of joint enterprise liability, what did the Supreme Court decide in R v Jogee [2016] regarding the mental element required for secondary parties?

Accepted Answer

The Supreme Court held that the requisite mental element for secondary liability is intention to assist or encourage the principal to commit the offence, correcting the previous 'parasitic accessory liability' doctrine based on mere foresight

Answer

The Supreme Court confirmed that foresight of the possibility of the crime was sufficient for secondary liability

Answer

The Supreme Court abolished joint enterprise liability entirely

Answer

The Supreme Court held that secondary parties are strictly liable

Question 3

What is the scope of the defence of duress in English criminal law, and to which offence does it NOT apply?

Accepted Answer

Duress is not available as a defence to murder (whether as principal or secondary party) or attempted murder

Answer

Duress is a defence to all criminal offences without exception

Answer

Duress is only available for summary offences

Answer

Duress is not available for theft or fraud

Question 4

Under the Youth Justice and Criminal Evidence Act 1999, what special measures are available to assist vulnerable and intimidated witnesses in giving evidence?

Accepted Answer

A range of measures including screens, live link evidence, video-recorded evidence in chief, intermediaries, communication aids, and the removal of wigs and gowns

Answer

Only the use of screens

Answer

Only pre-recorded cross-examination

Answer

Vulnerable witnesses are not permitted to give evidence

Question 5

What is the legal test for insanity as a defence in criminal law under the M'Naghten Rules?

Accepted Answer

The defendant must prove that, at the time of the offence, they were labouring under such a defect of reason from disease of the mind as not to know the nature and quality of their act, or if they did know it, that they did not know it was wrong

Answer

The defendant must prove they were suffering from any mental illness at the time of the offence

Answer

The defendant must prove they were unable to control their actions due to an irresistible impulse

Answer

The defendant must provide expert evidence that they have a diagnosed mental health condition

Question 6

In relation to confiscation proceedings under the Proceeds of Crime Act 2002, what is the court's approach when determining whether a defendant has a 'criminal lifestyle'?

Accepted Answer

The court applies statutory assumptions under s.10 if the defendant meets one of the conditions in s.75, such as having been convicted of a specified offence, having a pattern of criminal activity, or the offence being committed over at least six months

Answer

A criminal lifestyle is assumed for all convicted defendants

Answer

The court relies solely on the prosecution's assertions about lifestyle

Answer

Criminal lifestyle can only be established through financial investigation reports