Chapter 12 Multiple choice questions

true

false

What is the defence of 'withdrawal'?

a. D aids, abets, counsels, or procures the principal offence, but successfully undermines the impact of this on P before P completes the principal offence

b. D aids, abets, counsels, or procures the principal offence, but then leaves the scene of the crime before it takes place

c. D aids, abets, counsels, or procures the principal offence, but only because she was threatened by another to do so

d. D aids, abets, counsels, or procures the principal offence, but then leaves the country

What is the victim rule?

a. Those suffering from shock or distress following the commission of a crime against them cannot be complicit through their actions in the crime of another

b. D cannot be complicit in an offence where she has previously been a victim of that same offence

c. D cannot be complicit in an offence committed against themselves

d. Where an offence is designed for the protection of a specific class of victim, someone within that class is not complicit where the offence is committed against themselves

Which of the following statements is NOT true about the defence of withdrawal?

a. The more assistance or encouragement provided by D, the greater the burden for D to effectively withdraw

b. The withdrawal defence is defined and applied at common law

c. Effective withdrawal always requires D to inform the police of P's potential future offence

d. Where a principal offence has been committed, it is still possible for D to withdraw here assistance or encouragement to limit her liability to that offence alone (ie, to prevent complicity in further principal offences)

Which of the following statements is NOT true about the victim rule defence?

a. The victim extends to protect D where she belongs to a relevant protected group, and encourages P to commit the offence upon another within that group

b. The principal offence must be one designed to protect a certain category of victims, and will not include general offences such as intentional GBH

c. A version of the victim rule also applies to inchoate assisting or encouraging and conspiracy

d. The leading case on the victim rule is Tyrrell [1894] 1 QB 710

Do the general defences discussed in Chapter 14 also apply to complicity?

a. No, only the specific defences apply

b. Yes, though duress will be no defence to murder as a secondary party

c. Yes, apart from the defence of duress which will never apply

d. Yes, including the potential for a defence of duress to murder as a secondary party

Do the denials of offending discussed in Chapter 13 also apply to complicity?

a. Yes, apart from the automatism rules

b. Yes, apart from the intoxication rules

c. No, never

d. Yes

What is the mens rea of complicity?

a. Intention to aid, abet, counsel or procure, and intention as to the principal offence being completed

b. Belief that her conduct will aid, abet, counsel or procure, and at least recklessness as to the principal offence being completed

c. Intention to aid, abet, counsel or procure, and at least belief that the principal offence will be completed

d. Intention to aid, abet, counsel or procure, and at least recklessness as to the principal offence being completed

What is the leading case on the mens rea of complicity?

a. Chan Wing-Siu [1985] AC 168

b. Powell and English [1999] AC 1

c. Jogee and Ruddock [2016] UKSC 8, [2016] UKPC 7

d. National Coal Board v Gamble [1959] 1 QB 11

What is the difference (if any) between the mens rea for complicity by aiding, abetting, counselling or procuring, and mens rea for complicity by joint criminal enterprise?

a. Joint enterprise requires additional mens rea, the intention to form a criminal enterprise

b. Joint enterprise only requires D to believe that P will commit the principal offence

c. Joint enterprise only requires D to be reckless as to P's commission of the principal offence

d. None. Joint enterprise no longer operates as a separate form of complicity

What happens when D intends P to commit a more serious offence than she goes on to commit?

a. D is likely to be complicit in the less serious offence. D may also be complicit in the more serious offence (although it is not committed by P) if P completed the actus reus of that offence and P's absence of mens rea or present defence cannot also be relied on by D

b. D is likely to be complicit in the less serious offence. D can never be complicit in the more serious offence, as this has not been committed by P

c. D will always be complicit in the more serious offence intended, regardless of P's actions

d. D is likely to be complicit in the less serious offence. D may also be complicit in the more serious offence (although it is not committed by P) if P completed the actus reus of that offence and D played a significant causal role

What happens when D intends P to commit a less serious offence than she goes on to commit?

a. D will be complicit in the more serious crime, unless she specifically asked P not to go beyond the limits of the plan

b. D will be complicit in the more serious crime, provided the more serious crime was reasonably foreseeable

c. D will be complicit in the more serious crime, provided her conduct played some causal role in its commission

d. D will only be complicit in the lesser offence intended, unless P's more serious offence is one of constructive liability and mens rea for the lesser is sufficient for the more serious crime

What happens when P commits the principal offence in a manner that is drastically different from D's intentions?

a. D will not be complicit in P's offence if P uses a weapon that D did not realise that P possessed

b. Factual differences are irrelevant; D will remain liable for the actions of P

c. D will not be complicit in P's offence where the difference amounts to an 'overwhelming supervening event'

d. D will not be complicit in P's offence unless P's conduct was foreseen by D as a possibility

What does it mean to be a 'principal' offender?

a. D commits the actus reus and mens rea of the offence

b. D is the most important person within a criminal organisation

c. D commits a very serious offence

d. D is the one who has been charged with a criminal offence

What does it mean to be 'co-principal' offender?

a. D aids, abets, counsels, or procures an offence committed by P

b. D or another commit an offence, but we cannot be sure which took the lead (eg, which laid the final and fatal blow)

c. D is instructed by another party to commit the offence on her behalf

d. D and another each commits the actus reus and mens rea of the offence

What does it mean to be a 'principal' offender via the doctrine of 'innocent agency'?

a. D commits the offence with another party who also commits the offence

b. D commits the actus reus of an offence through another party who does not commit the offence, and D does so with the required mens rea for that offence

c. D commits the actus reus of an offence, but lacks mens rea

d. D does not commit an offence herself, but she aids, abets, counsels or procures another who does commit the offence for her

What does it mean to be an 'accomplice'?

a. D does not commit the actus reus or mens rea of the offence, but she aids, abets, counsels or procures another who does so

b. D commits an offence with another party who also commits the offence

c. D does not commit the actus reus or mens rea of the offence, but she aids, abets, counsels or procures another

d. D does not commit the actus reus or mens rea of the offence, but she intends another party to do so

How is an accomplice labelled and punished?

a. D is liable for 'aiding, abetting, counselling or procuring the principal offence' and subject to the same maximum sentence

b. D is liable for 'aiding, abetting, counselling or procuring the principal offence' and subject to a maximum of 50% of the maximum of that principal offence

c. D is labelled as if she committed the offence as a principal, and subject to a maximum of 50% of the maximum of that principal offence

d. D is labelled and punished as if she committed the offence as a principal

What is joint enterprise liability?

a. It means the same as 'co-principal'

b. It applies where D is an accomplice and is reckless as to whether the principal offence will be completed

c. It is a term referring to complicity, but no longer marks a separate category of complicity

d. It is a form of complicity that does not require any mens rea from D

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