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

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?

Accepted Answer

Intention to kill or cause grievous bodily harm

Answer

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?

Accepted Answer

Appropriation of property belonging to another

Answer

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]?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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.

CILEx Level 3 Practice Test

CILEx Level 3 Practice Test

CILEx L3 Criminal Law Principles