Chapter 3 Multiple choice questions

. Indirect intent is assessed according to the test laid down in which of the following cases?

Moloney

Woollin

Hyam v DPP

Hancock and Shankland

. How is recklessness assessed in criminal law and what is the leading authority on this?

Objectively and Cunningham

Subjectively and Caldwell

Subjectively and R v G and another

Objectively and R v G and another

. Which of the following best explains direct intent?

D's aim or purpose

A by-product of the defendant's aim or purpose

Where D does not desire the consequences but foresees them as virtually certain to occur

Where D does not desire the consequences but foresees them as highly probable to occur

. Which of the following is NOT sufficient mens rea for murder?

D's aim or purpose is to cause GBH.

D does not desire to kill V but foresees that it is virtually certain to occur.

D does desire to kill V.

D does not desire to kill V but foresees that there is a risk of death.

. Which of the following is the correct way of stating the test for indirect intent?

The consequence is virtually certain to occur and D appreciates this.

The consequences are virtually certain to occur.

The defendant realises that the consequences are highly probable.

The defendant recognises the risk of the consequences occurring.

. Which of the following statements accurately represents the law on recklessness?

D recognised a risk of the consequence occurring and took that risk. The consequence was virtually certain to occur.

D recognised a risk of the consequence occurring and took that risk. The risk was an unjustifiable one.

D took a risk which would have been obvious to the reasonable person.

D recognised a risk of the consequence occurring and took that risk. The risk was a justifiable one.

. D throws a stone at V, intending to strike V. The stone hits a passer-by, X, instead. Which of the following statements is false?

D may be guilty of battery if he was reckless in respect of X.

D may be guilty of battery by applying the doctrine of transferred malice.

D has the actus reus of battery in respect of X. Latimer may be applied in respect of the mens rea.

D is not guilty of battery because he does not intend to hit X.

. To what extent is D's motive relevant in criminal proceedings?

Motive equates to intention.

Motive is of no relevance in criminal proceedings.

Motive is not relevant to intention.

Motive is not relevant to sentencing.

. What degree of foresight is required for indirect intent?

Foresight of the consequences as a natural and probable consequence

Foresight of the consequences as highly probable

Foresight of the consequences as possible

Foresight of the consequences as virtually certain

. Which ONE of the following statements is FALSE?

Intention is subjectively assessed.

Foresight of a consequence as virtually certain to occur equates to intention.

Foresight of a consequence as virtually certain to occur is evidence of intention.

Desire of the consequences is not necessary.

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