SQE1 Criminal Law 2

Question 1

Under the Theft Act 1968, which element of theft requires that the defendant's appropriation be without legal right?

Accepted Answer

Dishonesty

Answer

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?

Accepted Answer

10 years' imprisonment

Answer

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:

Accepted Answer

Do an act which is more than merely preparatory to the commission of the offence

Answer

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?

Accepted Answer

The defendant must have reported the threat to the police within 24 hours

Answer

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?

Accepted Answer

10 years old

Answer

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).

SQE1 Practice Test

SQE1 Practice Test

SQE1 Criminal Law 2