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

Criminal liability generally requires proof of both the actus reus (the guilty act or conduct) and the mens rea (the guilty mind or mental element). This fundamental principle is expressed in the maxim 'actus non facit reum nisi mens sit rea'.

Question 2

What is the mens rea for murder under English law?

Accepted Answer

Intention to cause grievous bodily harm or kill

Answer

The mens rea for murder is malice aforethought, which encompasses either an intention to kill or an intention to cause grievous bodily harm (GBH). This was confirmed in R v Vickers [1957] and R v Cunningham [1982].

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

Loss of control (replacing the old provocation defence) is a partial defence to murder under sections 54-56 of the Coroners and Justice Act 2009. If successful, it reduces the conviction from murder to voluntary manslaughter.

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

Section 18 (wounding or causing GBH with intent) requires proof of specific intent — either intent to cause GBH or intent to resist or prevent lawful apprehension. It is a specific intent offence carrying a maximum of life imprisonment.

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

Self-defence under section 76 of the Criminal Justice and Immigration Act 2008 requires that the defendant genuinely believed force was necessary and that the force used was reasonable in the circumstances as the defendant believed them to be, even if that belief was mistaken.

SQE1 Practice Test

SQE1 Practice Test

SQE1 Criminal Law