Chapter 3 Self-test questions

How do we broadly define the scope of the mens rea?

The matters intrinsic to the D's actions.

The matters internal to the D's mind.

The matters inherent to the D's defence.

The matters inclusive of the D's history.

How do we broadly define the scope of the actus reus?

The matters internal only to the D, and D's internal state of mind.

The matters and actions relating to D, throughout the day of the crime.

The matters and actions inherent to the D's general defence.

The matters and actions external to the D, and external to D's state of mind.

What is the ordinary structure of building criminal liability?

actus reus + mens rea + defence.

actus reus + mens rea + no defence.

actus rea + mens reus + defence.

actus reus + mens olea + no defence.

How can we differentiate the subjective mens rea from the objective?

The subjective is what the D subjected V to during the crime.

The subjective is what D studies in preparation for the act.

The subjective is what the D themselves actually thought or foresaw, regardless of what they ought to have thought.

The subjective is what the D themselves thought about the subject matter of the offence in forming their mens rea.

Why does mens rea criminalise only behaviour with a guilty mind, such as the intentional shooting of another person?

Because otherwise we would wrongly criminalise accidents.

Because otherwise we would wrongly criminalise honesty.

Because otherwise we would wrongly criminalise witnesses.

Because otherwise we would wrongly criminalise recklessness.

What does "intention" mean, in the context of a particular offence?

It means intention to kill or to inflict GBH.

It means there was a degree of malice aforethought.

It means that D meant to do V serious harm.

It is consistently but case-specifically interpreted.

What is meant by the term "absolute strict liability offences"?

Where no mens rea is required for the offence to be made out, other than that the action was knowingly done.

Where no mens rea is required for the offence to be made out, other than that the action was voluntarily done.

Where no mens rea is required for the offence to be made out, other than that the action was carelessly done.

Where no mens rea is required for the offence to be made out, other than that the action was unwittingly done.

What is meant by the term "strict liability elements"?

That (not all) aspects of the mens rea need an actus reus.

That all aspects of the actus reus need mens rea.

That some (not all) aspects of the actus reus need mens rea.

That no aspects of the actus reus need mens rea.

If a statute does not specify whether or not an offence is strict liability, how is this determined?

We presume that the statute is too unclear to be certain.

We presume that the offence is one of strict liability.

We presume that the CPS will decide when they prosecute.

We presume that the offence requires mens rea.

What is "ulterior mens rea"?

Where an element of the mens rea does not correspond to a specific part of the actus reus.

Where elements of the actus reus and mens rea are absent.

Where an element of the actus reus does not need mens rea.

Where elements of the mens rea require a corresponding actus reus.

Why does an offence have to be voluntary in order to be a crime?

Otherwise, the law of intention would be too harsh.

Because of the presumption of mens rea.

Otherwise, we would criminalise acts over which people had no choice.

Because we need to be sure the D really meant it.

What test does the court apply to evaluate D's voluntariness?

The Cunningham test.

The test depends upon the facts of the instant case.

The Woollin test.

None - it is presumed, unless rebutted by D.

Which of the following words is not associated with mens rea?

Knowingly.

Negligently.

Wilfully.

Recklessly.

What is direct intention?

When D intends to direct the crime being carried out.

When D carries out only one offence, directly (and not others).

When D foresees he may cause some harm to V.

When D's purpose or aim is to bring something about.

What is oblique intention?

Where the jury can find that D intended the crime as he did it.

Where the jury can find that D indirectly intended something because it was virtually certain and D realised this.

Where the jury can find that D intended something because he foresaw it as possible.

Where the jury can find that D's co-defendant intended the conduct, and, therefore, D did too.

What is the current leading case on oblique intention?

Barton [2020] EWCA Crim 575

Nedrick [1986] 1 WLR 1025.

Woollin [1998] 4 All ER 103.

Hyam v DPP [1975] AC 55

How can we broadly define the scope of recklessness?

Foresight + intention + continuing.

Foresight + subjective recklessness + continuing.

Foresight + virtual certainty + continuing.

Foresight + objective recklessness + continuing.

What does the Ivey/Barton test require us to consider?

D's factual knowledge + the standards of ordinary defendants.

D's subjective belief + standards of ordinary decent people.

D's factual knowledge + standards of ordinary decent people.

D's objective belief + standards of ordinary decent people.

What does the test for (simple) negligence require us to consider?

The existence of a duty of care; Breach of that duty.

The existence of an ongoing risk of harm; Taking that risk.

Having a responsibility to V; The avoidance of that role.

The existence of an ongoing duty of care; Harm to the V.

What does the test for gross negligence require us to consider?

An unlawful act; Dangerousness; Causation of death.

Risk of some harm; Foresight; Continuing regardless.

An unlawful act; A directing mind; Causation of death.

Risk of death; Duty of care; Breach of duty; Gross negligence.

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