©EVERLY 2024/2025 ALL RIGHTS RESERVED.
PGDL Criminal Law Exam Questions And
Answers (Guaranteed A+)
What is actus reus of assault? - Answer✔Apprehension of immediate unlawful personal violence
What is mens rea of assault? - Answer✔Intention or recklessness as to causing a person to
apprehend immediate unlawful personal violence
Does D need to have the means to carry out the violence that is threatened for assault? -
Answer✔No
What does 'immediate' mean for assault? - Answer✔Some time not excluding the immediate
future. Imminent.
What is actus reus of battery? - Answer✔Application of unlawful force
What is mens rea of battery? - Answer✔Intention or recklessness as to application of unlawful
force
Can force be applied indirectly or by omission for battery? - Answer✔Yes both
What is actus reus s47 OAPA? - Answer✔Assault occasioning actual bodily harm
What is mens rea s47 OAPA? - Answer✔Intention or reckless as to the mens rea of assault or
battery
What is 'actual bodily harm'? - Answer✔Any hurt or injury - more than transient and trifling but
need not be serious or permanent
Is a momentary loss of consciousness ABH? - Answer✔Yes
What is actus reus s20 OAPA? - Answer✔Wound or inflict GBH
What is mens rea s20 OAPA? - Answer✔Intention of reckless as to causing some harm
What is a 'wound'? - Answer✔Break in continuity of both layers of skin
What is GBH? - Answer✔Really serious harm - or serious harm. Look at totality of injuries,
consider victim's age & health.
What is actus reus s18 OAPA? - Answer✔Wound or cause GBH
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What is mens rea s18 OAPA? - Answer✔Intention to cause GBH
What is actus reus of s1 Theft Act? - Answer✔Appropriation of property belonging to another
What is mens rea s1 Theft Act? - Answer✔Dishonestly, with the intention to permanently
deprive
What is 'appropriation'? - Answer✔Any assumption by a person of the rights of an owner
Can appropriation happen with the owner's consent? - Answer✔Yes
Can land be stolen? - Answer✔Generally no, except if D sells moer than is authorised to, is a
trespasser and removes things, is a tenant and removes or sells things
Can things growing wild be stolen? - Answer✔Only if purpose is reward/sale/commercial
purpose
Can animals be stolen? - Answer✔Untamed animals/animals ordinarily kept in captivity can't be
stolen, can steal animals that are tamed/kept in captivity
Can you steal illegal items? - Answer✔Yes
Can you steal electricity? - Answer✔No
Can you steal confidential information? - Answer✔No
What does 'belonging to another' mean? - Answer✔Those having possession or control over it
Can you steal your own property? - Answer✔Yes if at the time it belongs to another
When can property given to another for a particular purpose be stolen? - Answer✔Where
accused is under a legal obligation to use the property for the purpose given. Legal obligations
can be imposed in domestic settings.
Does property obtained by another's mistake belong to another? - Answer✔Yes - where aware
acquired property by mistake then under a legal obligation to restore it
3 situations where appropriation is not dishonest? - Answer✔If D believes: has a right in law to
deprive the other of the property, D would have the other person's consent if the other person
knew, the person to whom the property belongs cannot be discovered by taking reasonable steps
What is test for dishonesty? - Answer✔What was D's knowledge & belief as to the facts? Given
that knowledge & those beliefs, was D dishonest by the standards of ordinary decent people?
When must dishonest intent be formed for theft? - Answer✔At the time when the goods
belonged to another
What is intention to permanently deprive? - Answer✔To 'treat the thing as his own to dispose of
regardless of the other's rights'
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PGDL Criminal Law Exam Questions And
Answers (Guaranteed A+)
What is actus reus of assault? - Answer✔Apprehension of immediate unlawful personal violence
What is mens rea of assault? - Answer✔Intention or recklessness as to causing a person to
apprehend immediate unlawful personal violence
Does D need to have the means to carry out the violence that is threatened for assault? -
Answer✔No
What does 'immediate' mean for assault? - Answer✔Some time not excluding the immediate
future. Imminent.
What is actus reus of battery? - Answer✔Application of unlawful force
What is mens rea of battery? - Answer✔Intention or recklessness as to application of unlawful
force
Can force be applied indirectly or by omission for battery? - Answer✔Yes both
What is actus reus s47 OAPA? - Answer✔Assault occasioning actual bodily harm
What is mens rea s47 OAPA? - Answer✔Intention or reckless as to the mens rea of assault or
battery
What is 'actual bodily harm'? - Answer✔Any hurt or injury - more than transient and trifling but
need not be serious or permanent
Is a momentary loss of consciousness ABH? - Answer✔Yes
What is actus reus s20 OAPA? - Answer✔Wound or inflict GBH
What is mens rea s20 OAPA? - Answer✔Intention of reckless as to causing some harm
What is a 'wound'? - Answer✔Break in continuity of both layers of skin
What is GBH? - Answer✔Really serious harm - or serious harm. Look at totality of injuries,
consider victim's age & health.
What is actus reus s18 OAPA? - Answer✔Wound or cause GBH
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What is mens rea s18 OAPA? - Answer✔Intention to cause GBH
What is actus reus of s1 Theft Act? - Answer✔Appropriation of property belonging to another
What is mens rea s1 Theft Act? - Answer✔Dishonestly, with the intention to permanently
deprive
What is 'appropriation'? - Answer✔Any assumption by a person of the rights of an owner
Can appropriation happen with the owner's consent? - Answer✔Yes
Can land be stolen? - Answer✔Generally no, except if D sells moer than is authorised to, is a
trespasser and removes things, is a tenant and removes or sells things
Can things growing wild be stolen? - Answer✔Only if purpose is reward/sale/commercial
purpose
Can animals be stolen? - Answer✔Untamed animals/animals ordinarily kept in captivity can't be
stolen, can steal animals that are tamed/kept in captivity
Can you steal illegal items? - Answer✔Yes
Can you steal electricity? - Answer✔No
Can you steal confidential information? - Answer✔No
What does 'belonging to another' mean? - Answer✔Those having possession or control over it
Can you steal your own property? - Answer✔Yes if at the time it belongs to another
When can property given to another for a particular purpose be stolen? - Answer✔Where
accused is under a legal obligation to use the property for the purpose given. Legal obligations
can be imposed in domestic settings.
Does property obtained by another's mistake belong to another? - Answer✔Yes - where aware
acquired property by mistake then under a legal obligation to restore it
3 situations where appropriation is not dishonest? - Answer✔If D believes: has a right in law to
deprive the other of the property, D would have the other person's consent if the other person
knew, the person to whom the property belongs cannot be discovered by taking reasonable steps
What is test for dishonesty? - Answer✔What was D's knowledge & belief as to the facts? Given
that knowledge & those beliefs, was D dishonest by the standards of ordinary decent people?
When must dishonest intent be formed for theft? - Answer✔At the time when the goods
belonged to another
What is intention to permanently deprive? - Answer✔To 'treat the thing as his own to dispose of
regardless of the other's rights'
2|Page
