CILEx L3 Criminal Law Principles 1 — Questions and Answers
Question 1: What are the two elements of a criminal offence?
- Actus reus (guilty act) and mens rea (guilty mind) (Correct answer)
- Motive and opportunity
- Action and intention
- Conduct and consequence
Correct answer: Actus reus (guilty act) and mens rea (guilty mind)
Most criminal offences require both actus reus (the physical element — the guilty act, omission, or state of affairs) and mens rea (the mental element — the guilty mind, such as intention or recklessness).
Question 2: What is the mens rea of murder in English law?
- Intention to kill or cause grievous bodily harm (Correct answer)
- Recklessness as to death or serious injury
- Knowledge that death is a likely consequence
- Malice aforethought meaning planning the killing in advance
Correct answer: Intention to kill or cause grievous bodily harm
The mens rea of murder is 'malice aforethought' meaning an intention to kill (express malice) or an intention to cause grievous bodily harm (implied malice), as confirmed in R v Moloney [1985].
Question 3: What is the actus reus of theft under the Theft Act 1968?
- Appropriation of property belonging to another (Correct answer)
- Taking something without the owner's consent
- Dishonestly removing property from its location
- Using another's property without permission
Correct answer: Appropriation of property belonging to another
Under s.1 Theft Act 1968, theft requires: (1) appropriation (s.3), (2) of property (s.4), (3) belonging to another (s.5), done (4) dishonestly (s.2), and (5) with intention to permanently deprive (s.6). The actus reus is appropriation of property belonging to another.
Question 4: What test for dishonesty was established in Ivey v Genting Casinos [2017]?
- Was the defendant's conduct dishonest by the standards of ordinary decent people? (objective test) (Correct answer)
- Did the defendant know their conduct was dishonest?
- Would a reasonable person in the defendant's position have known their conduct was dishonest?
- Did the defendant believe they were entitled to act as they did?
Correct answer: Was the defendant's conduct dishonest by the standards of ordinary decent people? (objective test)
The Supreme Court in Ivey v Genting Casinos replaced the Ghosh test with a two-stage objective test: (1) ascertain the actual state of the defendant's knowledge or belief, then (2) ask whether their conduct was dishonest by the standards of ordinary decent people.
Question 5: What is the difference between 'specific intent' and 'basic intent' offences?
- Specific intent offences require a particular purposive intent; basic intent can be satisfied by recklessness (Correct answer)
- Specific intent means the defendant intended the specific harm; basic intent means any harmful intent
- Specific intent offences carry higher sentences than basic intent offences
- Specific intent can be formed under intoxication; basic intent cannot
Correct answer: Specific intent offences require a particular purposive intent; basic intent can be satisfied by recklessness
Specific intent offences require a specific purposive intention (e.g., murder, theft, s.18 GBH). Basic intent offences can be committed by recklessness (e.g., manslaughter, s.20 GBH, criminal damage). The distinction matters for the intoxication defence.
Question 6: What is 'strict liability' in criminal law?
- Offences where no mens rea is required as to one or more elements of the actus reus (Correct answer)
- Offences where the defendant must have intended every element of the crime
- Offences where the prosecution must prove all elements beyond reasonable doubt
- Offences where only recklessness is required
Correct answer: Offences where no mens rea is required as to one or more elements of the actus reus
Strict liability offences do not require proof of mens rea as to one or more elements of the actus reus. Examples include road traffic offences and food safety regulations. They are typically regulatory offences.
CILEx L3 Criminal Law Principles 1
What are the two elements of a criminal offence?