Self-test questions: Mens rea

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. Phil and Elle went climbing at their favourite place. The rock face was loose and Elle fell as a portion of rock which she was holding on to gave way. A heavy piece of rock landed on Elle's leg and crushed it. Phil was a doctor at his local Accident and Emergency hospital and he recognised that Elle would become very ill if the injured leg was not amputated as soon as possible. Unable to get help swiftly, he decided to amputate using the equipment he had in his rucksack, even though it was very basic compared to the medical equipment normally used for such operations. The amputation was successful and Elle lived a happy life afterwards.

Which is the most accurate statement to describe his mens rea at the time that he amputated Elle's leg.

Phil was reckless as to causing Elle harm because it was reasonably foreseeable that his actions would cause her really serious harm. correct incorrect

Phil was reckless as to causing Elle harm because he saw that there was a risk of harm and it was an unreasonable risk to take. correct incorrect

Phil was not reckless as to causing Elle harm because he saw that there was a risk of harm and it was a reasonable risk to take. correct incorrect

Phil was reckless as to causing Elle harm because he saw that there was a risk of harm and it was a reasonable risk to take correct incorrect

Phil was not reckless as to causing Elle harm because a reasonable person would expect him to do something. correct incorrect

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. Dhillon, aged 12, saw Alpa walking nearby whilst in the park. Last week Alpa had told Dhillon off for kicking a football around in the street outside Alpa's house. Dhillon kicks his football at Alpa and missed. Instead he hit Julia, aged 84 in the head. What is the law relating to actus reus and mens rea principles that applies to Dhillon?

Dhillon must foresee that his actions would be virtually certain to hit Julia in the head to be liable for a criminal offence. correct incorrect

Dhillon's actions and mens rea must coincide for the same offence, he therefore cannot be guilty of any offence. correct incorrect

Dhillon must have intended to hit Julia and his intention cannot be transferred from Alpa to Julia. correct incorrect

Dhillon did not intend to hit Julia but his intention can be transferred from Alpa to Julia. correct incorrect

Dhillon did not intend to hit Julia but his intention cannot be transferred from Alpa to Julia. correct incorrect

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. Geoff was so angry with Ryan after an argument he took his shotgun, that he had a legal licence to own, and fired it directly at Ryan. He missed because his eyesight was not as good as he had thought it was. Which of the statements relating to mens rea below is correct?

Geoff intended to shoot Ryan, because it was his aim and purpose to do so correct incorrect

Geoff did not intend to shoot Ryan, because he missed him correct incorrect

Geoff was reckless as to shooting Ryan, because he foresaw there was a risk he might shoot him and went on to take it anyway. correct incorrect

Geoff was negligent as his actions fell below the standard of other shotgun licence holders, evidenced by the fact that he missed his target. correct incorrect

Geoff was malicious as to shooting Ryan, because he was reckless about causing him some harm. correct incorrect

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. Amit was in debt and decided that he would set fire to his warehouse and claim insurance money for the damage. He knew that Gurjit worked late in the factory, leaving at 9pm. He had found her difficult to work with and was indifferent about her safety. He started the fire at 8.30pm. Gurjit had gone home early to celebrate a relative's birthday and was not harmed in the arson attack. Which is the correct statement relating to mens rea principles that applies here?

It was not Amit's intention to harm Gurjit, because his aim or purpose was to damage his warehouse. correct incorrect

It was Amit's intention to harm Gurjit, because it was virtually certain she would be harmed when he set fire to his warehouse correct incorrect

It was not Amit's intention to harm Gurjit, because she was not harmed in the fire. correct incorrect

It was Amit's intention to harm Gurjit, because he saw there was a risk she would be harmed and he went on to take it anyway. correct incorrect

It was Amit's intention to harm Gurjit, because a reasonable person would have foreseen there was a risk of harm to her when he set fire to the warehouse. correct incorrect

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. Sonia, aged 8, deliberately throws a large stone at Gordon causing a cut to him face. Which of the following statements most accurately describes the relevant mens rea principle that applies to Sonia?

Sonia intended to wound Gordon and will be guilty of a serious non-fatal offence correct incorrect

Sonia was reckless as to causing grievous bodily harm to Gordon and will be guilty of a serious non-fatal offence correct incorrect

Sonia was malicious as to wounding Gordon and will be guilty of a serious non-fatal offence correct incorrect

Sonia was negligent as to causing grievous bodily harm to Gordon and will be guilty of a serious non-fatal offence correct incorrect

Sonia is below the age of criminal responsibility and not considered to have the requisite mens rea for a non-fatal offence. correct incorrect

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. Lewis and Ruth are criminal law students arguing about the current legal definition of the mens rea term recklessness and the leading cases on it. Which of the following statements regarding recklessness is most accurate?

R v Lawrence overruled R v Caldwell and recklessness must now always involve a subjective test. correct incorrect

R v G and R overruled R v Caldwell and it seems that recklessness must now always involve a subjective test only. correct incorrect

R v Lawrence overruled R v Caldwell and recklessness must now involve be an objective test. correct incorrect

R v G and R overruled R v Caldwell and recklessness must now always involve an objective test. correct incorrect

R v G and R overruled R v Caldwell and it seems that recklessness must now always involve a subjective test followed by an objective test. correct incorrect

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. Richard (aged 13) has a catapult and thinks it would be great fun to smash Jack's car window with stones fired from it. He deliberately aims at the car but misses completely and hits Jack whom he had failed to notice in the background. Which of the following is true?

It was virtually certain that he would hit Jack so Richard will be deemed to have had an oblique intent to do so. correct incorrect

Richard cannot be guilty of any offence. correct incorrect

Richard did not intend to hit Jack but his intention can be transferred from the window to Jack. correct incorrect

Richard could not have intended to hit Jack and his intention cannot be transferred from the window to Jack. correct incorrect

Richard is deemed to have intended to hit Jack, because he is mens rea extends to all the harms that flow from his actions. correct incorrect

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. S. 20 Offences Against the Person Act 1861 states that the offence is committed where:

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . to be kept in penal servitude.

Which of the following statements accurately describes the mens rea of this offence?

D must intend to cause grievous bodily harm correct incorrect

D must either wound or cause grievous bodily harm maliciously correct incorrect

D must intend to wound correct incorrect

D must be reckless as to causing grievous bodily harm correct incorrect

D must be either reckless as to wounding or causing grievous bodily harm correct incorrect

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. S. 1(1) Theft Act 1968 states that the offence is committed where D:

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.

Which of the following statements accurately describes the mens rea of this offence?

Dishonest appropriation and an intention to permanently deprive the owner of the property correct incorrect

An intention to permanently deprive the owner of the property. correct incorrect

An appropriation of property. correct incorrect

Dishonestly appropriating property of another correct incorrect

Dishonestly taking property away from the owner with an intention to permanently deprive them of it. correct incorrect

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. Judd was left to babysit his girlfriend's baby, Sid, whilst she was at work. Sid was crying and Judd did not know how to stop this. Judd became incredibly angry and banged Sid against the wall very hard several times. The baby died as a result of his injuries. Which of the following statements most accurately reflects the decision in R v Woollin relating to intention that applies to Judd?

The jury can only find that Judd intended the result if they are satisfied he desired Sid's death. correct incorrect

The jury can find that Judd had oblique intent if they are satisfied that Judd intended or was reckless as to Sid's death. correct incorrect

The jury can only find that Judd had the intention to kill Sid if they are satisfied the death was Judd's aim or purpose, or if Judd knew that Sid's death would be a highly likely consequence of his actions. correct incorrect

The jury can find that Judd intended Sid's death as the harm was either his aim or purpose or Judd knew the result would be a virtually certain consequence of his actions. correct incorrect

The jury can find that Judd intended Sid's death as the harm was virtually certain to happen from the perspective of the reasonable person. correct incorrect

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. Trinity is angry at Charity for winning a game of Checkers against her. In a temper she throws her glass containing her drink at Charity, believing Charity would most likely move out of the way in time. In fact, the glass hits Charity in the eye, leaving her with bruising for several days. Which of the following statements most accurately describes the law relating to maliciousness in respect of Trinity's mens rea?

Trinity is malicious as she is reckless as to causing Charity some harm. It does not matter that she did not foresee the level of harm caused. correct incorrect

Trinity is malicious as she intended to cause Charity some harm. It does not matter that she did not foresee the level of harm caused. correct incorrect

Trinity is not malicious even though she is reckless as Charity some harm, as it does matter that she did not foresee the level of harm caused. correct incorrect

Trinity is not malicious event though she intended to cause Charity some harm. It does matter that she did not foresee the level of harm caused. correct incorrect

Trinity is malicious as she was negligent as to causing Charity some harm. correct incorrect

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. Brandon, aged 14, liked to play practical jokes on people. He loosened the leg of a dining room chair before a dinner party, thinking it would give way and frighten the unlucky person. He did not think there was any chance that anyone would be hurt. Ethel, his great grandmother sat on the chair and when the leg gave way, she fell and broke her leg. Which of the following statements most accurately describes Brandon's mens rea?

Brandon intended the harm, because it was his aim or purpose to make the chair unstable. correct incorrect

Brandon would be reckless as he did appreciate the risk of harm to anyone using the chair. correct incorrect

Brandon would be reckless as a reasonable person would have appreciated the risk of harm to anyone using the chair. correct incorrect

Brandon would not be reckless because a reasonable person would not have appreciated the risk of harm to anyone. correct incorrect

Brandon would not be reckless because he did not appreciate there was a risk of harm to anyone. correct incorrect

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. Morris is homeless and suffers from schizophrenia. He set fire to some dry sticks in a shed he had found unlocked, believing it would keep him warm. The shed caught fire and burnt down. Which if the following statements most accurately reflects the relevant mens rea principle that relates to Morris?

Morris intended to set fire to the shed as it was virtually certain to a reasonable person that his actions would cause such harm. correct incorrect

Morris intended to set fire to the shed as he realised it was a virtually certain outcome of his actions. correct incorrect

Morris did not intend and was not reckless as to burning down the shed, as he did not foresee to any extent the risk of causing damage from his actions. correct incorrect

Morris was reckless as to burning down the shed, as he foresaw that there was a slight risk of causing damage to the shed. correct incorrect

Morris was reckless as to burning down the shed, as he knew it was a highly likely outcome of his actions. correct incorrect

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. Cynthia hated her neighbour Alison because she was always playing her music so loudly. Cynthia had asked Alison to turn her music down on several occasions, only to have Alison insult and laugh at her. She wanted to teach her a lesson and poured paraffin through her letter box and threw a lit rag on to it. She thought it would scare Alison, but expected Alison to put it out before there was too much damage. In fact, Alison was listening to music on her headphones and did not notice the fire until it was too late. She died from the smoke inhalation. Which of the following most accurately describes Cynthia's mens rea in respect of Alison's death?

It was Cynthia's oblique intention to cause Alison's death, as she foresaw that death was a virtually certain consequence of her actions. correct incorrect

It was not Cynthia's direct or oblique intent to cause Alison's death, as death was not her aim or purpose and she only foresaw that death was a possible consequence of her actions. correct incorrect

It was Cynthia's direct intention to cause Alison's death, as it was her aim or purpose to scare her. correct incorrect

It was Cynthia's oblique intention to cause Alison's death, as it a reasonable person would foresee that death was a highly probable consequence of her actions. correct incorrect

It was Cynthia's oblique intention to cause Alison's death, as it a reasonable person would foresee that death was a virtually certain consequence of her actions. correct incorrect

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. Sajid was parking a car and did not realise that he had driven on to his neighbour, Ahmed's foot at first. Ahmed quite understandably was in a lot of pain and gesticulated with his arms to indicate that Sajid should move his car. He then shouted several offensive comments, which Sajid did not appreciate and decided he would remain where he was for a while longer, having realised he had parked on Ahmed's foot. Which of the following statements most accurately explains the relevant mens rea principle in this scenario?

Sajid has no mens rea at first, however, he forms it later when he realises he has parked on Ahmed's foot. The mens rea therefore coincides with the actus reus, which is a continuing act. correct incorrect

Sajid has no mens rea at the time he parked on Ahmed's foot. The Actus reus and mens rea therefore do not coincide. correct incorrect

Sajid has the mens rea as soon as he parks on Ahmed's foot. It is irrelevant that he was not aware he had done so. correct incorrect

Sajid never forms the mens rea for a criminal offence at any point in the scenario. correct incorrect

Sajid forms the mens rea for a criminal offence when he decided to park the car. correct incorrect