SQE1 Criminal Law 2 — Questions and Answers
Question 1: Under the Theft Act 1968, which element of theft requires that the defendant's appropriation be without legal right?
- Appropriation
- Property
- Belonging to another
- Dishonesty (Correct answer)
- Intention to permanently deprive
Correct answer: Dishonesty
Dishonesty is the element that addresses whether the appropriation was without legal right. The test for dishonesty was reformulated in Ivey v Genting Casinos [2017], which replaced the two-stage Ghosh test with an objective assessment of the defendant's conduct.
Question 2: What is the maximum sentence for fraud by false representation under the Fraud Act 2006?
- 2 years' imprisonment
- 5 years' imprisonment
- 10 years' imprisonment (Correct answer)
- Life imprisonment
Correct answer: 10 years' imprisonment
Section 1 of the Fraud Act 2006 provides for a maximum sentence of 10 years' imprisonment on conviction on indictment for fraud offences, including fraud by false representation (section 2).
Question 3: In the law of attempts, a defendant is guilty of attempting to commit an offence when they:
- Merely prepare to commit the offence
- Do an act which is more than merely preparatory to the commission of the offence (Correct answer)
- Think about committing the offence
- Discuss plans to commit the offence with another person
Correct answer: Do an act which is more than merely preparatory to the commission of the offence
Under section 1 of the Criminal Attempts Act 1981, a person is guilty of attempting to commit an offence if, with intent to commit the offence, they do an act which is more than merely preparatory to the commission of the offence.
Question 4: Which of the following is NOT a requirement for the defence of duress by threats under English criminal law?
- The threat must be of death or serious injury
- The threat must be directed at the defendant or a close family member or someone for whom the defendant feels responsible
- The defendant must have had no reasonable opportunity to escape the threat
- The defendant must have reported the threat to the police within 24 hours (Correct answer)
Correct answer: The defendant must have reported the threat to the police within 24 hours
There is no requirement to report to police within 24 hours. The requirements for duress are: a threat of death or serious physical injury, directed at the defendant or close associates, with no reasonable opportunity to escape, and the defendant's response must be that of a reasonably steadfast person.
Question 5: Under English law, what is the minimum age of criminal responsibility?
- 8 years old
- 10 years old (Correct answer)
- 12 years old
- 14 years old
Correct answer: 10 years old
The age of criminal responsibility in England and Wales is 10 years old, as set by the Children and Young Persons Act 1963. Children under 10 are conclusively presumed to be incapable of committing a criminal offence (doli incapax).
Question 6: What distinguishes joint enterprise liability from accessory liability under the Serious Crime Act 2007?
- Joint enterprise requires a common plan between parties, while the Serious Crime Act addresses encouraging or assisting offences (Correct answer)
- They are identical concepts
- Joint enterprise only applies to summary offences
- The Serious Crime Act only applies to terrorism offences
Correct answer: Joint enterprise requires a common plan between parties, while the Serious Crime Act addresses encouraging or assisting offences
Joint enterprise involves parties acting together under a common purpose (reformed by R v Jogee [2016]), whereas Part 2 of the Serious Crime Act 2007 creates inchoate offences of encouraging or assisting crime, which do not require a shared plan.
SQE1 Criminal Law 2
Under the Theft Act 1968, which element of theft requires that the defendant's appropriation be without legal right?