Chapter 11 Multiple choice questions

true

false

When applying the actus reus of the assisting and encouraging offences, what does it mean for an act to be 'capable' of assisting or encouraging? (Part 2 of the Serious Crime Act 2007)

a. There must be potential for the conduct to assist or encourage P to commit the principal offence, but it need not do so in fact

b. The conduct must assist or encourage P in fact

c. P must be aware of the conduct assisting or encouraging, but there is no need to show that it has impacted her decision to commit the offence

d. The conduct must cause P to commit the principal offence

What is the mens rea for the assisting and encouraging offence under section 44 of the Serious Crime Act 2007?

a. D must intend to assist or encourage P to commit the principal offence, intending that every element will be completed

b. D must believe that her conduct will assist or encourage P to commit the principal offence, believing that every element will be completed

c. D must intend to assist or encourage P's future conduct, must intend that conduct to happen, and must intend that the conduct will be done in the circumstances, causing the results, and with the required mens rea, for that principal offence

d. D must intend to assist or encourage P's future conduct, must intend that conduct to happen, and must be at least reckless as to that conduct being done in the circumstances, causing the results, and with the required mens rea, for that principal offence

When should the assisting or encouraging offence under section 46 of the Serious Crime Act 2007 be applied?

a. Where D assists or encourages P, intending the principal offence to be completed

b. Where D assists or encourages P, believing that the principal offence will be completed

c. Where D assists or encourages P, believing that one or more offences will be completed, but being unsure as to which

d. Where D assists or encourages P, believing that several offences will be completed

What specific defence applies to the assisting and encouraging offences, but not to attempts or conspiracy?

a. Duress

b. Consent

c. Acting reasonably

d. Self-defence

How does the 'victim' defence operate? (Section 51 of the Serious Crime Act 2007)

a. D cannot be liable for assisting or encouraging a protective offence against herself, where she falls within the protected category

b. D cannot be liable for assisting or encouraging an offence where she is the intended victim

c. D cannot be liable for assisting or encouraging a protective offence, where she falls within the protected category

d. D cannot be liable for assisting or encouraging an offence if she has previously been a victim of that same offence

Which of the following statements is NOT true of the offences within Part 2 of the Serious Crime Act 2007?

a. In order to identify the mens rea for offences under section 44, 45 and 46, reference must be made to section 47

b. The effect of factual impossibility is resolved in the statute

c. Specific defences to the assisting or encouraging offences are set out in sections 50 and 51 of the Serious Crime Act 2007

d. Whether the principal offence assisted or encouraged by D is ever committed is irrelevant to D's inchoate liability

What is an 'inchoate' offence?

a. A form of preventative criminalisation

b. An offence where D fails to commit an intended crime

c. A form of constructive liability

d. A form of terrorism offence

D satisfies the actus reus of attempts where she acts beyond mere preparation towards the commission of a crime, or where she...

a. ... intends to commit the principal offence

b. ... acts in preparation only, but the offence she is preparing to commit is particularly serious

c. ... acts beyond mere preparation on the facts as she believed them to be

d. ... completes the principal offence

The mens rea for murder requires D to intend to kill or cause serious bodily harm. What is the mens rea for attempted murder?

a. Intention to kill or cause serious bodily harm

b. Intention to kill

c. Intention to cause serious bodily harm

d. Recklessness as to killing

When applying the mens rea of attempt, the following cases are particularly important.

a. Khan [1990] 2 All ER 783 and Pace [2014] EWCA Crim 186

b. Jones (1990) 91 Cr App R 351 and Geddes [1996] Crim LR 894

c. Campbell [1991] Crim LR 268 and Khan [1990] 2 All ER 783

d. Pace [2014] EWCA Crim 186 and Geddes [1996] Crim LR 894

D stabs a voodoo doll of V, intending and believing that doing so will kill V. Does D commit attempted murder?

a. No, she lacks actus reus

b. Yes

c. No, she lacks mens rea

d. No, extreme mistakes of this kind are excluded from liability

Does a defence of 'acting reasonably' apply to attempts liability?

a. No. No such defence applies anywhere within the criminal law

b. Yes, as developed and applied at common law

c. Yes, detailed within the Criminal Attempts Act 1981

d. No, this offence applies to assisting or encouraging only

The actus reus of conspiracy requires an agreement between two or more people to commit a crime. But what level of detail is required within this agreement?

a. All details of the plan must be confirmed between the parties

b. No detail is necessary, as long as the agreement is likely to result in the commission of a crime

c. As long as D is clear on the details of the plan, it does not matter about the other parties to the agreement

d. The agreement must necessarily involve the commission of a crime, but the exact details (eg, when and where) need not be resolved

What is the mens rea for conspiracy?

a. D must intend to commit the principal offence

b. D (and at least one other party in the agreement) must intend that one of them will commit the principal offence

c. D must intend to commit the conduct and result elements of the principal offence, but the mens rea as to the circumstance element can reflect the mens rea required for the principal offence

d. D (and at least one other party in the agreement) must be at least reckless that one of them will commit the principal offence

Can D be guilty of conspiracy to commit a factually impossible offence?

a. No

b. Yes

D1 and D2 agree to commit murder. D2 is an undercover police officer who intends to intervene and arrest D1 before the murder is committed. Has D1 conspired to commit murder?

a. No

b. Yes

c. Yes, but only if D1 did not realise D2 was a police officer

d. Yes, but only if D1 was aware D2 was a police officer

D1 and D2 agree to commit theft. D2 is an undercover police officer who intends to arrest D1 immediately after the theft is committed. Has D1 conspired to commit theft?

a. Yes, but only if D1 was aware D2 was a police officer

b. No

c. Yes

d. No, unless theft is in fact committed

D1 and D2 agree to murder V, but only if V fails to pay the money she owes them. Have D1 and D2 committed conspiracy to murder?

a. Yes

b. No, the offence lacks actus reus

c. No, the offence lacks mens rea

d. Yes, but only if V fails to pay the money

Quiz Content

Select a Topic