Chapter 4 Multiple choice questions

Which of the following is the most accurate description of strict liability?

All offences at common law.

Where the statutory definition does not expressly state any mens rea.

Where there is no mens rea for any element of the actus reus in the offence.

Where an element of actus reus does not have any mens rea.

Which of the following statements best describes the presumption of mens rea?

The offence of outraging public decency is presumed to have a mens rea requirement.

The defendant is presumed to have formed mens rea.

Even where a statutory offence has no express mens rea word, the offence is presumed to have a mens rea requirement.

The prosecution has to prove mens rea.

Which of the following statements is true?

If charged with a strict liability crime, if D is able to prove lack of fault he must be acquitted.

For crimes of strict liability the defendant has no burden, whether evidential or proof, in respect of fault.

If a crime contains a strict liability element, the mens rea in respect of that element must be proved by the prosecution.

D can be convicted of a strict liability crime only if he knows it is strict liability.

Which of the following best describes the facts of Gammon (Hong Kong) Ltd v Attorney-General of Hong Kong (1985)?

The defendants were involved in the construction of a building in Hong Kong. The building collapsed and they were charged with having deviated in a material way from the plans. There was no evidence that they realized the deviation they made was material.

The defendants were involved in the construction of a building in Hong Kong. The building collapsed and they were charged with having deviated in a material way from the plans. They realized the deviation they made was material.

D had been convicted of managing premises where cannabis was used. D was a teacher. She sublet a house to students. She did not know the students had been smoking cannabis.

D, a boy aged 15, repeatedly asked a 13 year old girl to perform oral sex during a bus journey. He was convicted of inciting a girl under the age of 14 to commit an act of gross indecency. D said he honestly believed that the girl was over 14.

Which of the following is not a consideration when deciding if an offence is one of strict liability?

The presumption of mens rea.

The deterrent effect making the offence one of strict liability would have.

Whether the offence is truly criminal or regulatory.

Whether D could be said to have caused the consequence or not.

Which of the following statements is true?

D's mistake in Prince (1875) was reasonable, which is why he was acquitted.

The age element in aged-based crimes is always strict liability.

Mistake is no defence to a crime of strict liability.

Mistake is a defence to a strict liability crime where it prevents D forming mens rea.

Which of the following is false in respect of the decision in Harrow London Borough Council v Shah (2000)?

The mens rea of the offence was a lack of honest belief in the age of the purchaser.

Other sections of the Act provided a defence of due diligence, but this section did not.

The offence was plainly not truly criminal in character.

The legislation dealt with an issue of social concern, namely, gambling among young people.

Which of the following statements is true of the House of Lords' decision in B v DPP (2000)?

It was the first case to mention the presumption of mens rea.

It abolished strict liability.

It was not necessary to displace the presumption of mens rea.

It was a regulatory offence.

Chapter 4 Multiple choice questions

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