Chapter 4 Multiple choice questions

true

false

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

b. D's mens rea must be present at the time she completes any element of the actus reus

c. D's mens rea must be subjective

d. D's actus reus must be intended

Are there any exceptions to the coincidence principle?

a. Yes, but only for serious offences

b. No, although the courts have found ways to interpret the law creatively to find coincidence

c. Yes, but they are rarely applied

d. Yes, and they are regularly applied

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

b. Yes, it should always be considered as a separate question from actus reus and mens rea

c. No, the specific rules should only be discussed where there is a problem with coincidence

d. Yes, but only for more serious offences

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

b. Focusing on D's intentions only

c. The continuing act principle and omissions liability

d. Focusing on the degree of harm caused only

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

b. Transferred malice and ulterior intention

c. Focusing on the degree of harm caused only

d. Focusing on D's intentions only

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

b. Yes

What does it mean to say that the elements of an offence must 'correspond' with one another?

a. They must be the same

b. That mens rea elements must apply to actus reus elements

c. The actus reus elements must all happen at the same time

d. Every offence element requires mens rea

What is 'strict liability'?

a. An actus reus element that does not require mens rea

b. Particularly harsh legal rules

c. Liability where defences are not available

d. Mens rea elements without corresponding actus reus

What is 'constructive liability'?

a. Liability for serious offences

b. Liability where D has committed multiple offences

c. An offence constructed with an actus reus result element that does not require corresponding mens rea

d. An offence where D uses a weapon

What is 'ulterior mens rea'?

a. Actus reus where D does not have corresponding mens rea

b. Where D has a more serious mens rea than that required for the offence

c. Criminal motive

d. Mens rea that does not correspond to an element within the actus reus

Which of the following offences does not contain an ulterior mens rea element?

a. Theft

b. Murder

c. Burglary under section 9(1)(a)

d. Conspiracy

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

b. Conduct crimes require a result to be caused by a certain form of behaviour

c. A result crime can be committed by action or omission

d. Result crimes are always more serious

What is transferred malice?

a. Where D convinces someone else to commit a crime

b. Where D intends to commit one crime, but omits another

c. Where D's mens rea towards one object is transferred to another

d. Where D uses a computer to commit an offence

What are the limits on transferred malice?

a. There is a remoteness principle

b. Mens rea cannot be transferred where it is less than intention

c. Mens rea cannot be transferred where D has a defence

d. Mens rea cannot be transferred between categories of offence, and not across multiple objects

Can defences be transferred?

a. No

b. Yes, in the same way as malice is transferred

c. Yes, but only for certain defences

d. Yes, but only for serious crimes

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)

b. D throws a brick at X (V's car) intending to cause damage, but the brick misses and hurts V

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)

d. D throws a brick at X (a person) intending to cause harm, but the brick misses and hurts V (another person)

Is transferred malice defined in statute?

a. Yes

b. No

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

b. There are no alternatives, D will escape liability

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