Chapter 11 Self-test questions

What is the actus reus of an attempt?

An act which involves the assistance of a crime.

An act which begins the commission of a crime.

An act where D is an accomplice to a crime.

An act which is more than merely preparatory to crime.

Summary-only offences cannot be attempted. True or false?

True

False

If D believes something is a crime, and so attempts it, they are guilty of an attempt - even if the perceived principal offence was not a crime. True or false?

True

False

If D tries to commit a crime, but it is factually impossible for them to have committed the relevant act, they are guilty of an attempt.
True or false?

True

False

What is the mens rea of an attempt?

Subjective recklessness

Negligence

Objective recklessness

Intention

What is the actus reus of conspiracy?

An agreement between two Ds to pursue a course of conduct that leads to a criminal offence being attempted by both.

Planning a criminal offence in writing with another person.

An agreement between two Ds to pursue a course of conduct that would amount to the commission of a principal offence.

Acts that are more than merely preparatory to an offence.

What is the mens rea of conspiracy?

Intention as to damaging property.

Intention as to ensuring the commission of a crime.

Intention as to doing harm.

Intention as to forming the agreement.

For the offence of statutory conspiracy, at least two people are required. True or false?

True

False

If D believes something is a crime, and so conspires towards it, they are guilty of a conspiracy - even if the perceived principal offence was not a crime. True or false?

True

False

If D conspires to commit a crime, but it is factually impossible for them to have committed the relevant act, they are guilty of a conspiracy.
True or false?

True

False

What is the actus reus of intentionally encouraging or assisting an offence?

Doing an act capable of creating circumstances conducive to the commission of an offence.

Doing an act capable of constituting the commission of an offence.

Doing an act capable of encouraging or assisting the commission of an offence.

Doing an act capable of facilitating the commission of an offence.

What is the mens rea of intentionally encouraging or assisting an offence?

Intention to encourage or assist in a serious crime.

Intention to encourage or assist in the commission of an offence.

Intention to encourage or assist in an indictable offence

Intention to encourage or assist in the preparation for an offence.

What is the actus reus of encouraging or assisting an offence, believing it will be committed?

Doing an act capable of encouraging or assisting the commission of an offence.

Doing an act capable of constituting the commission of an offence.

Doing an act capable of creating circumstances conducive to the commission of an offence.

Doing an act capable of facilitating the commission of an offence.

What is the mens rea of encouraging or assisting an offence, believing it will be committed?

Intention that the offence will be committed, and intention that the act will encourage or assist in the commission of an offence.

Intention to encourage or assist in the commission of an offence.

Belief that the offence will be committed, and belief that the act will encourage or assist in the commission of an offence.

Intention to encourage or assist in the preparation for an offence.

What is the actus reus of encouraging or assisting an offence, believing it will be committed?

Doing an act capable of capable of encouraging or assisting the commission of one or more of a number of offences.

Doing an act capable of constituting the commission of an offence.

Doing an act capable of creating circumstances conducive to the commission of an offence, or a number of offences.

Doing an act capable of facilitating the commission of an offence.

What is the mens rea of encouraging or assisting an offence, believing it will be committed?

Intention that one of these offences will be committed, and intention that the act will encourage or assist in the commission of any such offence.

Belief that an offence will be committed, belief that the act will encourage or assist in the commission of an offence, and intent.

Intention to encourage or assist in the preparation for an offence.

Belief that one or more of those offences will be committed (but D has no belief as to which), and belief that their act will encourage or assist in the commission of one or more of them

What is the actus reus of assisting or encouraging suicide?

Failing to refer a person to appropriate support where needed.

Conduct capable of assisting or encouraging a person to commit suicide (on the facts as D believes them to be).

Knowingly not assisting a vulnerable person oneself.

Conduct capable of proving unsettling to a vulnerable person in difficulties (on the facts as D believes them to be).

What is the mens rea of assisting or encouraging suicide?

Intention

Objective recklessness

Subjective recklessness

Negligence

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