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Return to Smith, Hogan, & Ormerod's Essentials of Criminal Law 4e, Student Resources
Chapter 2 Self-test questions
Actus reus
Select a Topic
Select a Topic
Actus reus elements
Categories of offences
Causation
Introduction
Omissions liability
Separating actus reus and mens rea
Number of questions to try
Start Quiz
*
not completed
What is meant by the term "
actus reus
"?
The guilty party.
correct
incorrect
The guilty act.
correct
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The guilty mind.
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The guilty time.
correct
incorrect
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not completed
Which categories of conduct can be covered by the
actus reus
?
Acts, and, in all circumstances, omissions.
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Acts, and, in no circumstances, omissions.
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incorrect
Acts, and in suspicious circumstances, omissions.
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Acts, and, in certain circumstances, omissions.
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incorrect
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What is the ordinary structure of criminal liability?
actus reus
+
mens rea
+ defence.
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incorrect
actus reus
and
mens rea
+ no defence.
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actus reus
and
mea culpa
+ no defence.
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actus reus
and
mental certainty
+ no defence.
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Can criminal liability exist in the absence of an
actus reus
?
No, because to do so would unfairly criminalise mere actions.
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No, because to do so would unfairly criminalise mere pictures.
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No, because to do so would unfairly criminalise mere thought.
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No, because to do so would unfairly criminalise mere words.
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not completed
What is meant by the term "
mens rea
"?
The guilty act.
correct
incorrect
The guilty mind.
correct
incorrect
The guilty men.
correct
incorrect
The guilty defendants.
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incorrect
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not completed
Is dishonesty considered to be part of the
actus reus
or
mens rea
?
It is part of the
mens rea
of unlawful act manslaughter.
correct
incorrect
It is part of the
actus reus
of theft offences and fraud.
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It is part of the
actus reus
of unlawful act manslaughter.
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It is part of the
mens rea
of theft offences and fraud.
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incorrect
*
not completed
Is the word "sexual" used as part of an
actus reus
or a
mens rea
?
It can only be used in the context of a
mens rea
, as conduct must be defined as sexual (or not) based solely upon any accompanying purpose or thoughts to the activity.
correct
incorrect
It can only be used in the context of an
actus reus
, as conduct must be an objectively sexual act - and not normal activity, regardless of any accompanying purpose or thoughts.
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It can be used in the context of both an
actus reus
and
mens rea
, as conduct can be and objectively sexual act, or an act which is sexual because of the purpose or thoughts accompanying a normal activity.
correct
incorrect
It cannot be used in the of both an
actus reus
and
mens rea
, as conduct is simply either sexual, or it is not, regardless of the thoughts or actions of the individuals concerned.
correct
incorrect
*
not completed
What is the
mens rea
of murder?
The intention to do some harm.
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The intention to cause GBH.
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The intention to kill.
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The intention to kill or to cause GBH.
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*
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To find a Defendant criminally liable, what elements need to be proven, and to what level?
All elements of the
actus reus
and
mens rea
must be proven beyond reasonable doubt.
correct
incorrect
Some elements of the
actus reus
and
mens rea
must be proven beyond reasonable doubt.
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All elements of the
actus reus
and
mens rea
must be proven on the balance of probabilities.
correct
incorrect
Some elements of the
actus reus
and
mens rea
must be proven on the balance of probabilities.
correct
incorrect
*
not completed
What are the three main sub-categories of
actus reus
?
Consideration; Caution; Responses.
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Confirmation, Clarification, Requirements.
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Conduct; Circumstances; Results.
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Control; Correction; Reports.
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Do we require the definition of any given criminal offence to specify a conduct element?
Yes – because otherwise the law is not sufficiently certain.
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No – because this makes the law overly complicated.
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Yes – because we should always set out every part of a crime.
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No – because result crimes do not require specific conduct.
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*
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What are the three ingredients required for imposing criminal liability based on an omission?
Recognised offence; Duty to act; Breach of duty.
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Commission; Omission; Causation.
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Actus reus
;
mens rea
;
Res ipsa loquitur.
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Contribution; Operating cause; Negligence.
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incorrect
*
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Do we require the definition of any given criminal offence to specify a circumstances element?
Yes – every criminal offence must have a circumstance element, because otherwise it is insufficiently clear for a jury whether the circumstances are such that a crime occurred.
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incorrect
No – because other elements of the
actus reus
are enough.
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Yes – every criminal offence will include some manner of circumstance element, because the existence of the offence is to remedy and prevent a specific mischief or issue.
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incorrect
No – because we should not have to be this specific in law.
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incorrect
*
not completed
Can circumstances alone make the act of a given behaviour "criminal?"
Yes, because circumstances explain the reason for behaviour.
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No, because there must be other reasons it is criminal.
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Yes, because circumstances justify suspicious behaviour.
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No, because we should not consider behaviour in isolation.
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*
not completed
Is causation a separate issue from the
actus reus
?
Yes, because causation is a distinct, but related, question.
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No, because causation cannot be considered in this context.
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No, because causation is the essential link between the conduct element and result element.
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Yes, because causation is a key part of the offence of murder.
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*
not completed
What is a conduct crime?
When D performs certain types of conduct in suspicious circumstances.
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When D performs certain types of conduct in excusable circumstances.
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When D performs certain types of conduct in questionable circumstances.
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When D performs certain types of conduct in forbidden circumstances.
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incorrect
*
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What is a result crime?
When D performs certain types of conduct, in certain circumstances, and it leads to an unexpected result.
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When D performs certain types of conduct, in certain circumstances, and it leads to a sudden result.
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When D performs certain types of conduct, in certain circumstances, and it leads to a forbidden result.
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When D performs certain types of conduct, in certain circumstances, and it leads to a surprising result.
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*
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Is there a general rule confirming which offences are recognised in law as being one that is capable of "commission by omission"?
Yes, because this allows for the law to be certain and clear.
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No, because this is a matter of statutory interpretation and case law precedent.
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Yes, because this is set out in the statute covering the offence.
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No, because this is a matter for the trial judge in each case.
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*
not completed
Can homicide offences be committed by omission?
Yes, because not acting when a duty exists can lead to death.
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No, because of the principle of autonomy.
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Yes, because we must all prevent deaths if we can do so.
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No, because homicide requires D to have done a harmful act.
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incorrect
*
not completed
Is a "duty of care" different to a "duty to act"?
Yes, they are different – and a "duty of care" is relevant to omissions liability.
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incorrect
No, they are the same - and both are relevant to tort law.
correct
incorrect
No, they are the same - and both are relevant to criminal law.
correct
incorrect
Yes, they are different – and a "duty to act" is relevant to omissions liability.
correct
incorrect
*
not completed
In what specific sets of circumstances will a "duty to act" arise?
Statutory duties; Contractual duties; Familial relationships; Voluntary assumption of care; Endangerment (creation of a danger).
correct
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Commercial obligations; Equitable injunctions; Sentencing appeals; Embezzlement.
correct
incorrect
Whenever a police officer gives warnings to citizens to do so.
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Whenever any crime could occur, in any circumstance.
correct
incorrect
*
not completed
Is there a set rule on how we distinguish what is an act, and what is an omission?
No, there is no set rule. The investigating officer decides this.
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Yes, there is a set rule. Any violence is probably an act.
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No, there is no set rule. It is decided on a case-by-case basis.
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incorrect
Yes, there is a set rule. An omission is doing nothing.
correct
incorrect
*
not completed
What is the test for causation?
Causation in principle and in practice.
correct
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Causation in reality and in general.
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Causation in act and in mind.
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Causation in fact and in law.
correct
incorrect
*
not completed
What is causation in fact?
Where the result factually arose because of D's conduct.
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incorrect
Where the result factually arose despite D's behaviour.
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incorrect
Where the result factually arose despite of V's behaviour.
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incorrect
Where the result factually arose because of V's conduct.
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incorrect
*
not completed
What is causation in law?
Where D's conduct was a serious, harmful and significant cause.
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Where D's conduct was a contributary, minor, and trivial cause.
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incorrect
Where D's conduct was a substantial, blameworthy, and operating cause.
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Where D's conduct was an unexpected, unforeseeable, but unavoidable cause.
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incorrect
*
not completed
What question does the "but for" test ask?
What happens if D is asked to rebut the case?
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incorrect
But for the conduct of V, would this have happened?
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incorrect
If the court cannot be sure, can it reach a verdict?
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Without D's conduct, would the outcome have been the same?
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incorrect
*
not completed
When will an "Act of God" break the chain of causation?
If they are unforeseen by V, and unforeseeable to the reasonable person.
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incorrect
If they are unforeseen by D, and unforeseeable to the reasonable person.
correct
incorrect
If they are unforeseen by V, and foreseeable to the reasonable person.
correct
incorrect
If they are unforeseen by D, and foreseeable to the reasonable person.
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incorrect
*
not completed
When will V's acts break the chain of causation?
If they are:
Completely unpredictable; Fair, just, and reasonable.
correct
incorrect
If they are:
Completely unimaginable; Foul, uninhibited, and wilful.
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incorrect
If they are:
Completely unforeseeable; Free, informed, and voluntary.
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If they are:
Completely unfathomable; Fresh, innovative and acceptable.
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incorrect
*
not completed
When will the acts of a third party break the chain of causation?
If they are: Unforeseeable and unforeseen; Voluntary; and not of a special category.
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If they are: Unusual and exceptional; Versatile, and not particular.
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If they are: Unsafe and unforeseeable; Volatile; and in a special category.
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incorrect
If they are: Unfortunate and unprecedented; Verifiable; and in a unique category.
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