SQE1 Criminal Law

Question 1

Under English criminal law, what are the two elements that must generally be proved to establish criminal liability?

Accepted Answer

Actus reus and mens rea

Answer

Motive and opportunity

Answer

Causation and intent

Answer

Harm and recklessness

Question 2

What is the mens rea for murder under English law?

Accepted Answer

Intention to cause grievous bodily harm or kill

Answer

Recklessness as to causing death

Answer

Negligence causing death

Answer

Gross negligence leading to death

Question 3

Which partial defence to murder, if successful, reduces the conviction to voluntary manslaughter?

Accepted Answer

Loss of control under the Coroners and Justice Act 2009

Answer

Self-defence

Answer

Automatism

Answer

Duress

Question 4

Under section 18 of the Offences Against the Person Act 1861, what must be proved regarding the defendant's mental state?

Accepted Answer

Intention to cause grievous bodily harm or to resist arrest

Answer

Recklessness as to some harm

Answer

Negligence

Answer

Basic intent only

Question 5

In English law, the defence of self-defence requires that the force used was:

Accepted Answer

Proportionate to the threat, even if the defendant's perception of the threat was mistaken

Answer

The minimum force possible

Answer

Only available if the defendant retreated first

Answer

Authorised by a court order

Question 6

What is the legal effect of intoxication on mens rea for crimes of basic intent?

Accepted Answer

Voluntary intoxication cannot negate the mens rea for basic intent offences

Answer

Voluntary intoxication is always a complete defence

Answer

Involuntary intoxication is never a defence

Answer

Intoxication automatically reduces the charge