Defences and Sentencing · CAPE Law Unit 1

29 past-paper questions on Defences and Sentencing, part of Criminal Law, from every CAPE Law Unit 1 paper on Quelpr.

1. 710 marks· CAPE Law Unit 1 · 2005 · Paper 1Distinguish between 'a crime of basic intent' and 'a crime of specific intent'.
2. 8(b)5 marks· CAPE Law Unit 1 · 2005 · Paper 1Discuss whether Thomas can successfully rely on the defence of necessity.
3. 1(a)10 marks· CAPE Law Unit 1 · 2005 · Paper 2Explain whether or not the magistrate has the legal power to sentence Keisha in the manner proposed.
4. 1(b)10 marks· CAPE Law Unit 1 · 2005 · Paper 2Under the Young Offender's Act, a magistrate may sentence a young offender to perform community service at school supervised by the principal. Determine whether the magistrate complies with this regulation based on the…
5. 825 marks· CAPE Law Unit 1 · 2005 · Paper 2Ronald provokes Dick with offensive comments about Dick's wife. Dick first strikes Ronald with a beer bottle and then retrieves a cutlass from his vehicle, chopping Ronald and causing injuries leading to his death. With…
6. 9(a)2 marks· CAPE Law Unit 1 · 2006 · Paper 1Identify ONE defence available to Xavier, and cite ONE relevant decided case.
7. 9(b)8 marks· CAPE Law Unit 1 · 2006 · Paper 1Assess the merits of the identified defence in relation to Xavier's case.
8. 8(a)19 marks· CAPE Law Unit 1 · 2006 · Paper 2Discuss the rehabilitation theory along with two other theories of sentencing.
9. 8(b)6 marks· CAPE Law Unit 1 · 2006 · Paper 2Discuss whether there is justification for the view that modern trends toward rehabilitating offenders neglect the families of victims.
10. 10(b)8 marks· CAPE Law Unit 1 · 2006 · Paper 2Advise Lucy on her criminal liability, if any, for pushing Alex away as he blocks her path, causing him to fall and break his arm, citing relevant cases.
11. 10(c)9 marks· CAPE Law Unit 1 · 2006 · Paper 2Advise Camilla on her criminal liability, if any, for attacking, biting, and scratching Lucy in response to Alex's injury, citing relevant cases.
12. 1025 marks· CAPE Law Unit 1 · 2008 · Paper 2With reference to decided cases, explain how Lord Denning's view in Bratty v. A.G. for Northern Ireland ('No act is punishable if it is done involuntarily and an involuntary act ... means an act which is done by the…
13. 1(c)10 marks· CAPE Law Unit 1 · 2008 (second paper) · Paper 2Explain the application of the M'Naghten Rules to the defense of insanity.
14. 825 marks· CAPE Law Unit 1 · 2008 (second paper) · Paper 2Present an argument for OR against the statement: 'Intoxication is not, and never has been, a defence in itself.' Support your argument with reference to decided cases.
15. 10(a)12 marks· CAPE Law Unit 1 · 2008 (second paper) · Paper 2Explain the defence that may be available to Natalie.
16. 10(b)13 marks· CAPE Law Unit 1 · 2008 (second paper) · Paper 2What considerations would be taken into account in Natalie's sentencing should she be convicted of murder or manslaughter?
17. 825 marks· CAPE Law Unit 1 · 2009 · Paper 2With reference to at least three decided cases, discuss the circumstances when provocation is available as a defence.
18. 925 marks· CAPE Law Unit 1 · 2009 · Paper 2Discuss the statement "The sentence must be proportionate to the offence", identifying and analysing two theories of sentencing, with specific reference to the sentencing of young offenders.
19. 6(a)10 marks· CAPE Law Unit 1 · 2010 · Paper 2Explain what is meant by 'insane automatism', referring to at least ONE decided case.
20. 5(b)15 marks· CAPE Law Unit 1 · 2011 · Paper 2With reference to decided cases, distinguish between 'crimes of basic intent' and 'crimes of specific intent'.
21. 6(a)10 marks· CAPE Law Unit 1 · 2012 · Paper 2Discuss whether Alf's lawyer is likely to succeed with the argument that Alf did not intend to shoot Ben, but acted in self-defence against Con who had attacked him. Refer to decided cases and give reasons.
22. 6(b)(i)7 marks· CAPE Law Unit 1 · 2013 · Paper 2Discuss the special defence of Provocation available on a charge of murder, referring to ONE decided case.
23. 6(b)(ii)6 marks· CAPE Law Unit 1 · 2013 · Paper 2Discuss the special defence of Diminished responsibility available on a charge of murder, referring to ONE decided case.
24. 5(a)12 marks· CAPE Law Unit 1 · 2014 · Paper 2Discuss the statement that automatism applies where a defendant is not legally insane but unable to control their actions due to an external factor, illustrating your answer with decided cases.
25. 6(b)15 marks· CAPE Law Unit 1 · 2014 · Paper 2Advise the participants whether consent affords them a defence to the charges, referring to decided cases.
26. 6(a)10 marks· CAPE Law Unit 1 · 2015 · Paper 2With reference to one decided case, explain the law relating to the defence of insanity.
27. 6(b)(i)10 marks· CAPE Law Unit 1 · 2015 · Paper 2With reference to one decided case, explain the best possible defence available to Ancil.
28. 6(a)12 marks· CAPE Law Unit 1 · 2016 · Paper 2Explain to Minister Glasgow how retribution and rehabilitation function as theories of sentencing.
29. 6(b)13 marks· CAPE Law Unit 1 · 2016 · Paper 2Discuss any FOUR alternative forms of sentencing or other reasonable measures that Minister Glasgow could recommend to parliament.