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Return to Smith, Hogan, and Ormerod's Essentials of Criminal Law 3e Resources
Chapter 4 Multiple choice questions
Interaction of actus reus and mens rea
Select a Topic
Select a Topic
Coincidence
Structure of offences
Transferred malice
Number of questions to try
Start Quiz
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true
correct
incorrect
false
correct
incorrect
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What is coincidence of actus reus and mens rea?
a. D's mens rea must be present at the time she completes the conduct element of the actus reus
correct
incorrect
b. D's mens rea must be present at the time she completes any element of the actus reus
correct
incorrect
c. D's mens rea must be subjective
correct
incorrect
d. D's actus reus must be intended
correct
incorrect
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Are there any exceptions to the coincidence principle?
a. Yes, but only for serious offences
correct
incorrect
b. No, although the courts have found ways to interpret the law creatively to find coincidence
correct
incorrect
c. Yes, but they are rarely applied
correct
incorrect
d. Yes, and they are regularly applied
correct
incorrect
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Should you discuss coincidence separately from actus reus and mens rea, and at length, within every problem question?
a. No, it should never be considered
correct
incorrect
b. Yes, it should always be considered as a separate question from actus reus and mens rea
correct
incorrect
c. No, the specific rules should only be discussed where there is a problem with coincidence
correct
incorrect
d. Yes, but only for more serious offences
correct
incorrect
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Where D performs the actus reus of an offence and only later forms mens rea, which approaches are most commonly utilised by the court to find coincidence?
a. Transferred malice and ulterior intention
correct
incorrect
b. Focusing on D's intentions only
correct
incorrect
c. The continuing act principle and omissions liability
correct
incorrect
d. Focusing on the degree of harm caused only
correct
incorrect
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Where D performs conduct with the men rea for an offence, but only later performs the conduct relevant for the actus reus, which approaches are most commonly utilised by the court to find coincidence?
a. The single transaction approach and causation rules
correct
incorrect
b. Transferred malice and ulterior intention
correct
incorrect
c. Focusing on the degree of harm caused only
correct
incorrect
d. Focusing on D's intentions only
correct
incorrect
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D wants to kill V, and drives to V's house in order to do so. On the way, a pedestrian jumps in front of D's car unexpectedly and is killed. It is V. Has D committed murder?
a. No
correct
incorrect
b. Yes
correct
incorrect
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What does it mean to say that the elements of an offence must 'correspond' with one another?
a. They must be the same
correct
incorrect
b. That mens rea elements must apply to actus reus elements
correct
incorrect
c. The actus reus elements must all happen at the same time
correct
incorrect
d. Every offence element requires mens rea
correct
incorrect
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What is 'strict liability'?
a. An actus reus element that does not require mens rea
correct
incorrect
b. Particularly harsh legal rules
correct
incorrect
c. Liability where defences are not available
correct
incorrect
d. Mens rea elements without corresponding actus reus
correct
incorrect
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What is 'constructive liability'?
a. Liability for serious offences
correct
incorrect
b. Liability where D has committed multiple offences
correct
incorrect
c. An offence constructed with an actus reus result element that does not require corresponding mens rea
correct
incorrect
d. An offence where D uses a weapon
correct
incorrect
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What is 'ulterior mens rea'?
a. Actus reus where D does not have corresponding mens rea
correct
incorrect
b. Where D has a more serious mens rea than that required for the offence
correct
incorrect
c. Criminal motive
correct
incorrect
d. Mens rea that does not correspond to an element within the actus reus
correct
incorrect
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Which of the following offences does not contain an ulterior mens rea element?
a. Theft
correct
incorrect
b. Murder
correct
incorrect
c. Burglary under section 9(1)(a)
correct
incorrect
d. Conspiracy
correct
incorrect
*
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What is the difference between a 'conduct crime' and a 'result crime'?
a. Conduct crimes do not require D's conduct to have caused a particular result
correct
incorrect
b. Conduct crimes require a result to be caused by a certain form of behaviour
correct
incorrect
c. A result crime can be committed by action or omission
correct
incorrect
d. Result crimes are always more serious
correct
incorrect
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What is transferred malice?
a. Where D convinces someone else to commit a crime
correct
incorrect
b. Where D intends to commit one crime, but omits another
correct
incorrect
c. Where D's mens rea towards one object is transferred to another
correct
incorrect
d. Where D uses a computer to commit an offence
correct
incorrect
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What are the limits on transferred malice?
a. There is a remoteness principle
correct
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b. Mens rea cannot be transferred where it is less than intention
correct
incorrect
c. Mens rea cannot be transferred where D has a defence
correct
incorrect
d. Mens rea cannot be transferred between categories of offence, and not across multiple objects
correct
incorrect
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Can defences be transferred?
a. No
correct
incorrect
b. Yes, in the same way as malice is transferred
correct
incorrect
c. Yes, but only for certain defences
correct
incorrect
d. Yes, but only for serious crimes
correct
incorrect
*
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In which of the following would D's malice (mens rea)
not
transfer from X to V?
a. D throws a brick at X (a car) intending to cause damage, but misses and hits V (a motorbike)
correct
incorrect
b. D throws a brick at X (V's car) intending to cause damage, but the brick misses and hurts V
correct
incorrect
c. D throws a brick at X (a car) intending to cause damage, the brick hits X but also V (another car, parked next to X)
correct
incorrect
d. D throws a brick at X (a person) intending to cause harm, but the brick misses and hurts V (another person)
correct
incorrect
*
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Is transferred malice defined in statute?
a. Yes
correct
incorrect
b. No
correct
incorrect
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Where transferred malice does not apply, what are the best alternative routes to liability?
a. D may have attempted an offence against her intended target, and may be liable for a strict liability or negligence offence against the target harmed
correct
incorrect
b. There are no alternatives, D will escape liability
correct
incorrect
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