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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 b) D's act or omission required for the
offence. 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.
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
(c) Surrounding facts or circumstances necessary for the offence
necessary for the offence.
(d) D's acts or omissions required for the
offence.
(e) Whether D has a defence or not.
What additional requirements are there
for an offence to be committed by omis-
sion?
a) No additional requirements are neces-
sary.
(b) The offence must be very serious. (d) The offence must be capable of com-
(c) The offence must be specifically de- mission by omission; there must be a
signed to be an omissions-based offence duty to act;
only. and there must be a breach of that duty.
(d) The offence must be capable of com-
mission 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.
The duty to act based on endangerment,
as set out by the House of Lords in R v.
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Miller
[1983] 2 AC 161, was subsequently ex-
tended 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 dan-
gerous situation. a) To situations where D creates a dan-
(b) To situations where D contributes to gerous situation.
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.
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 (c) But for D's conduct, the prohibited
that it did. result would not have occurred in the way
(d) But for D's conduct, the prohibited that it did.
result might not have occurred in the way
that it did.
(e) But for D's conduct, the prohibited re-
sult probably would not have happened.
Within 'legal causation', what is the func-
tion of the 'blameworthiness' test?
(a) To ensure there is a connection be-
tween the prohibited result and some
fault in D's (a) To ensure there is a connection be-
conduct. tween the prohibited result and some
(b) To ensure that D is a more than de fault in D's
minimiscause of the prohibited result.
(c) To determine whether there is a
novus actus interveniens between D's
conduct and the
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prohibited result.
(d) To establish the reasonable foresee-
ability of the prohibited result.
(e) To establish mens rea.
Mens rea MCQs:
1. What does the term 'mens rea' repre-
sent?
(a) A guilty act carried out by the defen-
dant.
(c) The 'guilty mind' - the state of mind of
(b) The reason that the defendant carried
the defendant must have when carrying
out the guilty act
out the
(c) The 'guilty mind' - the state of mind of
guilty act to make that action a criminal
the defendant must have when carrying
offence
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
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 (b) Legal guilt - D has the state of mind
doing was a prescribed by the criminal offence
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
Which of the below summaries accurate-
ly captures the material facts and legal