Chapter 3 Multiple choice questions

true

false

What is the legal definition of the term 'dishonesty'?

a. D's conduct is considered dishonest by the standards of ordinary people, and D knows that reasonable people would consider her conduct dishonest

b. D's conduct is considered dishonest by the standards of ordinary people, taking account of D's knowledge and belief as to associated facts

c. D's conduct breaches a recognised code of ethics within D's occupation

d. D has knowingly lied to V about a material fact

What is the legal definition of the term 'negligence'?

a. D foresees a risk of a relevant circumstance or result, and unreasonably continues to run that risk

b. D could have foreseen a relevant risk is she had made further enquiries

c. Behaviour from D that demonstrates she does not care about the safety of others

d. Behaviour from D that drops below the standards we expect from reasonable people

What is the leading case on the definition of dishonesty?

a. Ivey v Genting Casinos Ltd [2017] UKSC 67

b. Ghosh [1982] QB 1053

c. Hayes [2015] EWCA Crim 1944

d. Woollin [1999] AC 82

What is a 'duty of care' in the context of negligence?

a. D must have a specific caring relationship with V.

b. It is the same as a 'duty to act' in the context of omissions liability.

c. D must consider the safety of all those potentially affected by her conduct

d. D must have a job that requires her to protect the interests of V

When does it become necessary to establish 'gross negligence'?

a. When deciding D's sentence for a negligence offence

b. In order to transform negligence into recklessness

c. When deciding if D intended a certain circumstance or result

d. When applying gross negligence manslaughter only

Where D lies, and knows she is lying, will she always be dishonest?

a. No

b. Yes

What is the meaning of direct intention?

a. The object is foreseen by D as possible

b. The object is D's purpose

c. The object is foreseen by D as virtually certain

d. The object is not wanted by D

What is the meaning of oblique intention?

a. The object is foreseen

b. The object is foreseen as very likely

c. The object is foreseen as a virtual certainty, and it is a virtual certainty

d. The object is virtually certain, D foresees it as virtually certain, and then the jury may find intention

Which case is the leading authority on the definition of oblique intention?

a. Hancock & Shankland [1986] AC 455

b. Nedrick [1986] 1 WLR 1025

c. Woollin [1998] 4 All ER 103

d. Moloney [1985] AC 905

What is the meaning of recklessness?

a. D foresees a risk of the object, and goes on unreasonably to run it

b. D does not foresee the risk

c. D's actions are dangerous

d. D foresees a risk of the object, where it is reasonable to run the risk

Is the Caldwell definition of objective recklessness still applicable?

a. Yes, it remains valid precedent

b. No, it has been overruled

Where D did not foresee the harmful results of her conduct, but a reasonable person would have done, can we ever say she intended or was reckless as to those results?

a. No

b. Yes

What is the legal definition of 'knowledge'?

a. D believes that something is the case

b. D believes that something is the case and she is correct in that belief

c. D has evidence that something in the case

d. D foresees the chance of something, and it is in fact the case

Can D have knowledge of something that she thinks is unlikely?

a. No

b. Yes

What is 'wilful blindness'?

a. D foresees the possibility of a certain circumstance, and it would be easy for D to discover the truth

b. It is another term to describe a lack of mens rea

c. It would be easy for D to discover whether a certain circumstance is present, and the circumstance is in fact present

d. D foresees the possibility of a certain circumstance; it would be easy for D to discover the truth; D deliberately avoids finding out; and the circumstance is in fact present

What is the legal definition of 'belief'?

a. D foresees the risk of a certain or result and continues unreasonably to run that risk

b. D foresees only a small risk of a certain circumstance or result, but hopes that it will materialise

c. D foresees a certain circumstance or result as highly likely

d. D hopes that a crime will not be committed

Can D have belief as to something she thinks unlikely?

a. Yes

b. No

Legally, can D have knowledge as to something in the future?

a. Yes, and it is often used in this context

b. No, and it is never used in this context

c. Knowledge only applies to future events

d. This is contested. The factual accuracy of D's belief cannot be confirmed as to knowledge of future events, but certain offences continue to use the term in this context.

What does 'mens rea' mean?

a. The external/physical part of an offence

b. The reason a crime is committed

c. It is another term for criminal defences

d. The internal/mental part of an offence

What is the 'voluntariness' requirement?

a. D's conduct must be intentional/voluntary

b. D must be happy about completing the conduct

c. D's crime must have been her idea

d. D can have no defence

What is the difference between subjective and objective mens rea?

a. Subjective mens rea is more serious mens rea; objective is less serious

b. Subjective mens rea is defined in statute; objective in case law

c. Subjective mens rea asks what was in D's mind; objective mens rea asks what would have been in the mind of a reasonable person

d. Subjective mens rea is less serious mens rea; objective is more serious

Is there a criminal statute defining mens rea terms?

a. Yes

b. No, mens rea terms are defined in the common law

When must D poses mens rea for a crime to be committed?

a. When planning the offence and carrying it out

b. When the results of the offence are caused

c. At the time she completes the conduct element of the offence

d. At any time during any element of the actus reus

Is mens rea the same as motive?

a. No

b. Yes

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