Deck 2: Actus Reus: The Conduct Element

Question 1

What is the actus reus of a crime?

A) the description of the mental element of the crime, such as intention
B) the sentence for the offence
C) the conduct element of the offence
D) The blameworthiness of the offence.

Answer 1

C
Explanation: The actus reus is the conduct element of the offence. It describes what the defendant must be proved to have done (or sometimes failed to do), in what circumstances and with what consequences.

Question 2

What is the mens rea of an offence?

A) the part of the offence that relates to men
B) the conduct element of the offence, describing the harm to the victim
C) the maximum sentence for an offence
D) the mental element of the offence

Answer 2

D
Explanation: The mens rea is the mental element of the offence, such as intention, recklessness or negligence.

Question 3

A defendant can never be guilty of a crime for failing to act.

Answer 3

False
Explanation: A defendant can be guilty of a crime for failing to act if she was under a duty to act.

Question 4

Which of the following does not create a duty to act in criminal law?

A) a duty to act under a contract
B) a duty to act created by statute
C) The defendant created the danger.
D) The defendant was under a moral duty to act.

Question 5

If the defendant is a 'but for' cause of a result he is said to cause it in criminal law.

Question 6

A legal cause must be an operating and ___ cause.

Question 7

A novus actus interveniens must be an act of a party which is ___, voluntary and informed.

Question 8

In Roberts what kinds of acts of the victim did the court state would break the chain of causation?

A) voluntary acts which could not reasonably be foreseen
B) acts of the victim which were predictable
C) acts of the victim which were unreasonable
D) acts of the victim which meant the defendant was blameworthy

Question 9

The rule that the defendant must take the victim as he finds him is often know as the 'thin ____' rule.

Question 10

A natural event (an 'act of God') will never break the chain of causation.