Chapter 7 Multiple choice questions

true

false

Whereas a battery requires D to have made physical contact with V, an assault merely requires D to have caused V to apprehend such contact. Is this true or false?

a. True

b. False

Where are the offences of assault and battery defined?

a. Within the common law

b. Offences Against the Person Act 1861

c. Criminal Justice Act 1988

d. Sexual Offences Act 2003

The mens rea of battery requires...

a. ... intention or recklessness as to causing V to apprehend the application of unlawful force

b. ... intention or recklessness as to causing the application of unlawful force to the body of V

c. ... intention to cause the application of unlawful force to the body of V

d. ... negligence as to causing the application of unlawful force to the body of V

Which of the following is NOT an assault?

a. D intentionally causes V to apprehend the threat of immediate violence

b. D causes V to apprehend the threat of immediate violence by threatening words, foreseeing that her conduct might cause this result

c. D causes V to apprehend the threat of immediate violence. D foresaw that V might be caused to apprehend such violence, but D is actually bluffing

d. D intentionally tries to cause V to apprehend the threat of immediate violence, but V realises that D is bluffing

Which of the following is NOT a battery?

a. D intentionally grabs V by the shirt as she walks past

b. D throws a stone in V's direction, realising that it might hit her. The stone hits V.

c. D threatens V with violence, causing V to suffer from clinical depression

d. D intentionally leaves his foot stuck out as he hears V running around the corner, causing V to trip on his foot

The mens rea of an assault require D to...

a. ... intend or be reckless as to causing V to apprehend imminent unlawful violence

b. ... intend to cause V to apprehend imminent unlawful violence

c. ... negligence as to causing V to apprehend imminent unlawful violence

d. ... intend or be reckless as to causing unlawful violence to V

How do hate crimes work?

a. A hate crime is any crime committed against a racial or a religious minority

b. Hate crimes arise where D commits a certain base offence (eg, assault or battery) and that offence is motivated by or done in the circumstances of racial or religious hostility

c. A hate crime arises where D commits a serious offence against a racial or religious minority, and has her sentence extended as a result

d. Hate crimes are separate offences designed to protect racial or religious minorities, and bare no relation to other offences against the person

What is the mens rea of harassment?

a. D must have known, or ought to have known, that her course of conduct would result in harassment. Where multiple V's are harassed, as opposed to one V multiple times, D must also intend to persuade the Vs to refrain from something they are entitled to do, or to do something they are not

b. D must have known that her course of conduct would result in harassment. Where multiple V's are harassed, as opposed to one V multiple times, D must also intend to persuade the Vs to refrain from something they are entitled to do, or to do something they are not

c. D must intend that her course of conduct will result in harassment. Where multiple V's are harassed, as opposed to one V multiple times, D must also intend to persuade the Vs to refrain from something they are entitled to do, or to do something they are not

d. No mens rea is required

Where are the offences of harassment and stalking defined?

a. At common law

b. Homicide Act 1957

c. Offences Against the Person Act 1861

d. Protection from Harassment Act 1997

What is torture?

a. D intentionally or recklessly inflicts severe pain or suffering on another in order to obtain information

b. D intentionally inflicts severe pain or suffering on another

c. D (a public official or person acting in an official capacity) intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties

d. D intentionally inflicts severe pain or suffering on another in order to obtain information or provide retribution

As well as the traditional offences against the person, domestic abuse can also be prosecuted as an offence of...

a. ... Controlling or coercive behaviour

b. ... Marital violence

c. ... Intimate violence

d. ... Private assault

Conduct focused offences against the person have been created to...

a. ... supplement core offences within the Offences Against the Person Act, focusing on the manner harms are caused as opposed to the degree of resulting harm

b. ... gradually replace the result focused offences within the Offences Against the Person Act, focusing on the manner harms are caused as opposed to the degree of resulting harm

What is the mens rea requirement for a section 47 OAPA offence of assault occasioning actual bodily harm?

a. D must intend to cause ABH

b. D must be reckless as to causing ABH

c. D must intend or be reckless as to assault or battery, and intend or be reckless as to causing ABH

d. D must intend or be reckless as to assault or battery only

Can D be liable for a section 47, section 20 or section 18 offence where she causes psychiatric (as opposed to physical) harm?

a. No, only physical harms are sufficient for ABH and GBH

b. Yes, as long as the psychiatric harm amounts to a recognised medical condition

c. Yes, any harms or emotional impacts are sufficient as long as they are serious

What is the mens rea requirement for a section 20 OAPA wounding or inflicting GBH offence?

a. D must intend to cause GBH

b. D must intend or be reckless as to wounding or causing GBH

c. D must intend or be reckless as to causing some harm

d. D must intend or reckless as to assault or battery only

A minor wound that does not constitute GBH will nevertheless satisfy the actus reus of a section 20 or section 18 OAPA offence. Is this true or false?

a. False

b. True

What is the mens rea requirement for a section 18 OAPA offence?

a. D must intend to cause GBH or resist arrest etc. An intention to wound (but not cause GBH) is not sufficient

b. D must intend to wound or cause GBH or resist arrest etc

c. D must intend or be reckless as to wounding or causing GBH or resisting arrest etc

d. D must intend or be reckless as to causing GBH or resisting arrest etc

What is a constructive liability offence?

a. It is another term for a strict liability offence

b. A form of corporate liability

c. A form of complicity

d. D commits a certain base crime, but in doing so causes more harm than was intended, and becomes liable for a more serious crime

The consent defence is in fact two defences – one where V consents to harm from D, and one where D believes that V consents. Is this true or false.

a. True

b. False

V cannot consent to ABH or GBH under any circumstances. Is this true or false?

a. True

b. False

Valid consent to assault or battery can only be found when...

a. V's consent is expressed or implied to D in a legally recognised manner; and V has the capacity, freedom, and information required to make a choice

b. V's consent is expressed to D in a legally recognised manner; and V has the capacity, freedom, and information required to make a choice

c. V's consent is expressed or implied to D in a legally recognised manner; and V has the information required to make a choice

d. V's consent is expressed or implied to D in a legally recognised manner; V has the capacity, freedom, and information required to make a choice; and the conduct and harms consented to come within a legally recognised category

Valid consent to an offence under section 47, 20 or 18 can only be found when...

a. V's consent is expressed or implied to D in a legally recognised manner; and V has the information required to make a choice

b. V's consent is expressed or implied to D in a legally recognised manner; and V has the capacity, freedom, and information required to make a choice

c. V's consent is expressed or implied to D in a legally recognised manner; V has the capacity, freedom, and information required to make a choice; and the conduct and harms consented to come within a legally recognised category

d. Valid consent can never be found

Consent to the potential for injury when playing sport is always undermined when...

a. D causes injury whilst breaking the rules of the game

b. The level of harm caused exceeds ABH

c. The sport is played at a professional level

d. D intends to cause injury (with the exception of boxing)

Where are the rules on consent to offences against the person defined?

a. Offences Against the Person Act 1861

b. Within the common law

c. Sexual Offences Act 2003

d. Criminal Justice Act 1977

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