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Return to Smith, Hogan, and Ormerod's Essentials of Criminal Law 3e Resources
Chapter 3 Multiple choice questions
Mens rea
Select a Topic
Select a Topic
Dishonesty and negligence
Intention and recklessness
Knowledge and belief
Mens rea general
Number of questions to try
Start Quiz
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false
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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
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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
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c. D's conduct breaches a recognised code of ethics within D's occupation
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d. D has knowingly lied to V about a material fact
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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
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b. D could have foreseen a relevant risk is she had made further enquiries
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c. Behaviour from D that demonstrates she does not care about the safety of others
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d. Behaviour from D that drops below the standards we expect from reasonable people
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What is the leading case on the definition of dishonesty?
a. Ivey v Genting Casinos Ltd [2017] UKSC 67
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b. Ghosh [1982] QB 1053
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c. Hayes [2015] EWCA Crim 1944
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d. Woollin [1999] AC 82
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What is a 'duty of care' in the context of negligence?
a. D must have a specific caring relationship with V.
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b. It is the same as a 'duty to act' in the context of omissions liability.
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c. D must consider the safety of all those potentially affected by her conduct
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d. D must have a job that requires her to protect the interests of V
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When does it become necessary to establish 'gross negligence'?
a. When deciding D's sentence for a negligence offence
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b. In order to transform negligence into recklessness
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c. When deciding if D intended a certain circumstance or result
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d. When applying gross negligence manslaughter only
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Where D lies, and knows she is lying, will she always be dishonest?
a. No
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b. Yes
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What is the meaning of direct intention?
a. The object is foreseen by D as possible
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b. The object is D's purpose
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c. The object is foreseen by D as virtually certain
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d. The object is not wanted by D
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What is the meaning of oblique intention?
a. The object is foreseen
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b. The object is foreseen as very likely
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c. The object is foreseen as a virtual certainty, and it is a virtual certainty
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d. The object is virtually certain, D foresees it as virtually certain, and then the jury may find intention
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Which case is the leading authority on the definition of oblique intention?
a.
Hancock & Shankland
[1986] AC 455
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b.
Nedrick
[1986] 1 WLR 1025
correct
incorrect
c.
Woollin
[1998] 4 All ER 103
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incorrect
d.
Moloney
[1985] AC 905
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incorrect
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What is the meaning of recklessness?
a. D foresees a risk of the object, and goes on unreasonably to run it
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b. D does not foresee the risk
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c. D's actions are dangerous
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d. D foresees a risk of the object, where it is reasonable to run the risk
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Is the Caldwell definition of objective recklessness still applicable?
a. Yes, it remains valid precedent
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b. No, it has been overruled
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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
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b. Yes
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What is the legal definition of 'knowledge'?
a. D believes that something is the case
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b. D believes that something is the case and she is correct in that belief
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c. D has evidence that something in the case
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d. D foresees the chance of something, and it is in fact the case
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Can D have knowledge of something that she thinks is unlikely?
a. No
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b. Yes
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What is 'wilful blindness'?
a. D foresees the possibility of a certain circumstance, and it would be easy for D to discover the truth
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b. It is another term to describe a lack of mens rea
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c. It would be easy for D to discover whether a certain circumstance is present, and the circumstance is in fact present
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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
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What is the legal definition of 'belief'?
a. D foresees the risk of a certain or result and continues unreasonably to run that risk
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b. D foresees only a small risk of a certain circumstance or result, but hopes that it will materialise
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c. D foresees a certain circumstance or result as highly likely
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d. D hopes that a crime will not be committed
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Can D have belief as to something she thinks unlikely?
a. Yes
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b. No
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Legally, can D have knowledge as to something in the future?
a. Yes, and it is often used in this context
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b. No, and it is never used in this context
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c. Knowledge only applies to future events
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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.
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What does 'mens rea' mean?
a. The external/physical part of an offence
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b. The reason a crime is committed
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c. It is another term for criminal defences
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d. The internal/mental part of an offence
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What is the 'voluntariness' requirement?
a. D's conduct must be intentional/voluntary
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b. D must be happy about completing the conduct
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c. D's crime must have been her idea
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d. D can have no defence
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What is the difference between subjective and objective mens rea?
a. Subjective mens rea is more serious mens rea; objective is less serious
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b. Subjective mens rea is defined in statute; objective in case law
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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
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d. Subjective mens rea is less serious mens rea; objective is more serious
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Is there a criminal statute defining mens rea terms?
a. Yes
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b. No, mens rea terms are defined in the common law
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When must D poses mens rea for a crime to be committed?
a. When planning the offence and carrying it out
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b. When the results of the offence are caused
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c. At the time she completes the conduct element of the offence
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d. At any time during any element of the actus reus
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Is mens rea the same as motive?
a. No
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b. Yes
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