CILEx L3 Criminal Law Principles

Question 1

What are the two elements of a criminal offence?

Accepted Answer

Actus reus (guilty act) and mens rea (guilty mind)

Answer

Motive and opportunity

Answer

Action and intention

Answer

Conduct and consequence

Question 2

What is the mens rea of murder in English law?

Accepted Answer

Intention to kill or cause grievous bodily harm

Answer

Recklessness as to death or serious injury

Answer

Knowledge that death is a likely consequence

Answer

Malice aforethought meaning planning the killing in advance

Question 3

What is the actus reus of theft under the Theft Act 1968?

Accepted Answer

Appropriation of property belonging to another

Answer

Taking something without the owner's consent

Answer

Dishonestly removing property from its location

Answer

Using another's property without permission

Question 4

What test for dishonesty was established in Ivey v Genting Casinos [2017]?

Accepted Answer

Was the defendant's conduct dishonest by the standards of ordinary decent people? (objective test)

Answer

Did the defendant know their conduct was dishonest?

Answer

Would a reasonable person in the defendant's position have known their conduct was dishonest?

Answer

Did the defendant believe they were entitled to act as they did?

Question 5

What is the difference between 'specific intent' and 'basic intent' offences?

Accepted Answer

Specific intent offences require a particular purposive intent; basic intent can be satisfied by recklessness

Answer

Specific intent means the defendant intended the specific harm; basic intent means any harmful intent

Answer

Specific intent offences carry higher sentences than basic intent offences

Answer

Specific intent can be formed under intoxication; basic intent cannot

Question 6

What is 'strict liability' in criminal law?

Accepted Answer

Offences where no mens rea is required as to one or more elements of the actus reus

Answer

Offences where the defendant must have intended every element of the crime

Answer

Offences where the prosecution must prove all elements beyond reasonable doubt

Answer

Offences where only recklessness is required