Chapter 2 Multiple choice questions

true

false

What do we mean by 'actus reus'?

a. The mental part of an offence

b. What D's conduct must cause to happen

c. The physical or external part of an offence

d. Offences that don't require results

What is the conduct element of the actus reus?

a. D's act or omission required for the offence

b. What D has to cause to happen

c. Where D must be at the time of the offence

d. What D must cause another person to do

What is the circumstance element of the actus reus?

a. D's acts or omissions required for the offence

b. Surrounding facts or circumstances necessary for the offence

c. What D's actions must cause

d. Whether the crime was intentional or not

What is the result element of the actus reus?

a. D's acts or omissions required for the offence

b. Surrounding facts or circumstances necessary for the offence

c. What impact D's offence must have on the community

d. What D must cause in order to complete the offence

What is the difference between a conduct crime and a result crime?

a. Result crimes are more serious

b. Conduct crimes are more regulatory

c. Conduct crimes are more serious

d. Only result crimes include a result element

Is it essential to use the terminology of actus reus and mens rea, and the elements of crimes, in order to apply to the law?

a. Yes, it is essential for all crimes

b. No, although it will be useful

c. Yes, it is essential for all crimes and defences

d. No, it is actively unhelpful

Is causation part of the actus reus of a crime?

a. Yes, it is the link between conduct and result

b. Yes, it is part of the circumstance element

c. No, it is part of the mens rea

d. No, it is separate from actus reus and mens rea

What is 'factual causation'?

a. D completed the crime

b. D is fully responsible for the criminal result

c. But for D's conduct the result would not have been caused or would not have been caused in the way it was

d. But for D's conduct the result probably would not have happened

What is 'legal causation'?

a. The same as factual causation

b. The term given to a collection of rules that ensure that culpability is reflected and that factual causation alone does not result in guilt

c. The term given to a set of causation rules set out in statute

d. The term given to a question of moral blameworthiness

What is the leading case describing the test for factual causation?

a. Wallace [2018] EWCA Crim 690

b. White [1910] 2 KB 124

c. Burgess [2008] EWCA Crim 516

d. Woollin [1999] AC 82

Where two D's cause a criminal result together, can both be factual causes?

a. No. Factual causation will only be found for D who acted first

b. Yes, but only if the Ds are acting in a joint enterprise

c. No. Factual causation will only be found for the main cause

d. Yes

What does it mean for there to be a break in the chain of causation?

a. Events taking place between D's conduct and the criminal result that make another party guiltier for the offence than D

b. Events taking place between D's conduct and the criminal result that legally negate D's causal role

c. Events taking place between D's conduct and the criminal result that prove D did not intend to cause the harm

d. Where D is not the factual cause of a certain criminal result

What extra requirements are there for an offence to be committed by omission?

a. No additional requirements are necessary

b. The offence committed must be specifically designed to be an omissions based offence only

c. The offence must be very serious

d. The offence must be capable of commission by omission, there must be a duty to act, and there must be a breach of that duty

Are all offences capable of commission by omission?

a. Yes

b. No

c. Yes, but prosecutors prefer targeting action-based wrongs

d. Yes, as long as D has a duty to act

What is a 'duty to act'?

a. A legal duty to protect all others from harm

b. A legal duty to assist the police

c. A legal duty to prevent a crime being completed

d. A legal duty report crimes

What does it mean to 'breach' a duty to act?

a. D does not realise she has a duty to act

b. D does what her duty requires, but she fails to prevent harm resulting

c. D fails to do what the duty to act requires of her

d. D successfully withdraws from her duty to act, so no liability can result

Can omissions be causal in law (ie, can result crimes be committed by omission)?

a. Yes, but only for murder and other very serious offences

b. Yes, but only if this is explicitly referred to in the statute creating the offence

c. No, omissions liability is limited to conduct crimes only

d. Yes

Does omissions liability require D to be perfectly still at the time they should have acted?

a. Yes

b. No

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