SQE1 sample questions

Question 74

A woman agrees to lend her van to a man after he tells her that he needs the van to carry out “some business”. The woman knows the man well and is aware that he has several criminal convictions for theft, burglary and robbery offences. The man does not give the woman any details about what he intends to do with the van and does not tell her when or where he intends to use it. She does not ask him any questions about his intended use of the van. She believes that he will use the van to commit the sort of offence that he has committed in the past and intends to assist him to commit such an offence when she lends him the van.

A few days later the man, on his own, uses the van to commit a burglary.

He is arrested by the police shortly afterwards and both the man and the woman are subsequently charged with the burglary.

Which of the following best explains whether the woman can be guilty of the offence of burglary having supplied the van used in the offence?

A. She cannot be guilty because, although she intentionally assisted the man to commit the offence of burglary, she was not present at the commission of the offence.

B. She cannot be guilty because, although she intentionally assisted the man to commit the offence of burglary, she did not know when or where he would commit the offence.

C. She can be guilty because she intentionally assisted the man to commit a criminal offence and the offence of burglary was within the range of offences that she intended to assist.

D. She cannot be guilty because, although she intentionally assisted the man to commit a criminal offence, she did not know for certain that the man would commit an offence of burglary.

E. She can be guilty because she intentionally assisted the man to commit a criminal offence and she is liable for any offence which he then commits whilst using the van.