Revision Material
Actus Reus MCQs
What is the conduct element of the actus reus?
(a) What D has to cause to happen.
(b) D's act or omission required for the offence.
(c) Where D must be at the time of the offence.
(d)What D must cause another person to do.
(e)What D thinks about doing. - ANS ✔✔b) D's act or omission required for the offence.
What is the circumstance element of the actus reus?
(a) Whether the crime was intentional or not.
(b) What D's actions must cause.
(c) Surrounding facts or circumstances necessary for the offence.
(d) D's acts or omissions required for the offence.
(e) Whether D has a defence or not. - ANS ✔✔c) Surrounding facts or circumstances necessary
for the offence
What additional requirements are there for an offence to be committed by omission?
a) No additional requirements are necessary.
(b) The offence must be very serious.
(c) The offence must be specifically designed to be an omissions-based offence only.
(d) The offence must be capable of commission by omission; there must be a duty to act; and
there must be a breach of that duty.
,(e) D must be a bad Samaritan. - ANS ✔✔(d) The offence must be capable of commission by
omission; there must be a duty to act;
and there must be a breach of that duty.
The duty to act based on endangerment, as set out by the House of Lords in R v. Miller
[1983] 2 AC 161, was subsequently extended by the Court of Appeal (Criminal Division) in
R v. Evans [ 2009] EWCA Crim 650-but in what way?
a) To situations where D creates a dangerous situation.
(b) To situations where D contributes to the creation of a dangerous situation.
(c) To situations where D sets fire to property.
(d) To situations where D carries bladed items.
(e) To situations where D uses controlled substances. - ANS ✔✔a) To situations where D creates
a dangerous situation.
What is the test for 'factual causation'?
a) D completed the crime.
(b) D is responsible for the crime.
(c) But for D's conduct, the prohibited result would not have occurred in the way that it did.
(d) But for D's conduct, the prohibited result might not have occurred in the way that it did.
(e) But for D's conduct, the prohibited result probably would not have happened. - ANS ✔✔(c)
But for D's conduct, the prohibited result would not have occurred in the way that it did.
Within 'legal causation', what is the function of the 'blameworthiness' test?
(a) To ensure there is a connection between the prohibited result and some fault in D's
conduct.
(b) To ensure that D is a more than de minimiscause of the prohibited result.
(c) To determine whether there is a novus actus interveniens between D's conduct and the
, prohibited result.
(d) To establish the reasonable foreseeability of the prohibited result.
(e) To establish mens rea. - ANS ✔✔(a) To ensure there is a connection between the prohibited
result and some fault in D's
Mens rea MCQs:
1. What does the term 'mens rea' represent?
(a) A guilty act carried out by the defendant.
(b) The reason that the defendant carried out the guilty act
(c) The 'guilty mind' - the state of mind of the defendant must have when carrying out the guilty
act to make that action a criminal offence
(d) A defence to a wrongful act
(e) A term for saying that defendant had capacity to act - ANS ✔✔(c) The 'guilty mind' - the
state of mind of the defendant must have when carrying out the
guilty act to make that action a criminal offence
To what kind of 'guilt' does the phrase 'guilty mind' refer?
(a) Moral guilt - what D has done is morally wrong and therefore a criminal offence
(b) Legal guilt - D has the state of mind prescribed by the criminal offence
(c) Knowledge of the offence - D is guilty only when they knew what they were doing was a
criminal offence
(d) Objective guilt - D is guilty if the reasonable person would not have done what he/she
did
(e) Emotional guilt - D is guilty where he/she feels bad about what he/she has done - ANS
✔✔(b) Legal guilt - D has the state of mind prescribed by the criminal offence
Which of the below summaries accurately captures the material facts and legal principle arising
from the case of Yip Chiu-Cheung [1995] 1 AC 111