1. Mark : /18 Multiple Choice Quiz: Actus Reus and Mens Rea Extra Marks: /2 Total: /201) Common law offences are ones that have been: a. Defined by parliament in statutes b. Created by case law and precedents set by judges c. Created and defined by the police and CPS.2) An accused person is: a. Innocent until proven guilty b. Guilty until proven innocent3) The burden of proof in a criminal trial is placed upon the: a. Defence b. Prosecution4) The actus reus is: a. The mental element of the crime b. The motive for a crime c. The physical element of the crime5) Murder and manslaughter require (in most cases) that D: a. Does an act which causes the death of the victim b. Appropriates property which belongs to another c. Does some act which cuts the skin of the victim6) The case which supports the principle that the actus reus must be voluntary is: a. Hill v Baxter b. Hancock & Shankland c. Thabo Meli7) The principle of omission in English criminal law is to find liable those who: a. Caused a prohibited result through a positive act b. Failed to act when they had a duty to, causing the prohibited result. c. Had a moral obligation to be a “good Samaritan.”Extra mark: Which EU country does have a Good Samaritan law? _________________8) The principle of causation is that D: a. Must have been the factual and legal cause of V’s injuries or death b. Must have been only the factual cause of V’s injuries or death c. Must have been the legal cause of V’s injuries or death9) In R v White (1910) D was not liable for murder because: a. D had not used enough cyanide for a fatal dose b. V had died of a heart attack c. An intruder had broken in and attacked VExtra mark: Which is also used to support the principles of causation, where D used hispregnant girlfriend as a human shield? __________________________
2. 10) D must take the victim as they find them also known as what: a. The brittle bones rule b. The thin skull rule c. The weak heart rule11) In R v Blaue the victim refused a blood transfusion because: a. She was scared of needles b. She was a Jehovah’s Witness c. She wanted to ensure that D would be liable for murder12) In Smith D was convicted of the murder of V despite poor medical treatment which affected his recovery because: a. D was the operating and substantial cause of death b. Doctors cannot be found liable for mistreatment of wounds caused by another c. D had a motive for attacking V13) The highest form of mens rea is: a. Recklessness b. Negligence c. Intention d. Knowledge14) In criminal law there are 2 types of intent – direct and: a. Motivational b. Oblique c. Legal15) The leading case on oblique intention is: a. Nedrick b. Moloney c. Woollin16) Recklessness means D took an unjustifiable risk of a particular consequence occurring, with awareness of that risk. This is known as: a. Subjective recklessness b. Objective recklessness17) The original case on the definition of recklessness is: a. Cunningham b. Caldwell c. Church18) In Fagan v MPC the defendant: a. Accidently parked his car on Vs foot and later formed the mens rea when he realised what he had done and refused to move. b. Intentionally intended to run over A’s foot but missed and ran over B’s foot thus transferring the mens rea making D liable for B’s injury.