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2025 GRADED A (BRAND NEW!!)
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. - CORRECT ANSWER ✔✔✔✔✔
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. -
CORRECT ANSWER ✔✔✔✔✔ (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. - CORRECT ANSWER ✔✔✔✔✔ (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 - CORRECT ANSWER
✔✔✔✔✔ (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 -
CORRECT ANSWER ✔✔✔✔✔ (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
(a) D conspired with E to export drugs. E was an undercover police officer who had
agreed to the criminal conspiracy in order to catch criminal drug traffickers. Although E
had a good motive, and so was not 'morally guilty', he still legally intended to export
drugs with D.
Therefore, E had still conspired with D and D was guilty of conspiracy to export drugs.
Mens rea concerns legal, not moral guilt and a good motive is irrelevant.
(b) D conspired with E to export drugs. E was an undercover police officer who had
agreed to the criminal conspiracy in order to catch criminal drug traffickers. However, E
had a good motive and so E could not be said to intend to export the drugs. As a result,
D had not
conspired with someone who had the mens rea for exporting drugs and so could -
CORRECT ANSWER ✔✔✔✔✔
Select the statement that is not a potential mens rea for a criminal offence
a) intention
(b) belief
(c) damaged
(d) recklessness
(e) dishonesty - CORRECT ANSWER ✔✔✔✔✔ (c) damaged
Different offences will have different requirements in terms of mens rea. Which one of
the following statements accurately and fully states the available mens rea requirements
for the nominated offence?
(a) Murder: intention or recklessness as to causing death or serious bodily harm