Podcast
Questions and Answers
What must the prosecution establish to secure a conviction in criminal law?
What must the prosecution establish to secure a conviction in criminal law?
- The defendant's intention to commit the crime
- The defendant's knowledge of the crime
- The existence of any valid defense
- Guilty conduct and state of mind by the defendant (correct)
Which of the following is NOT part of actus reus?
Which of the following is NOT part of actus reus?
- Certain circumstances flowing from the defendant's conduct
- Factual causation (correct)
- Existence of certain circumstances or 'state of affairs'
- An act or failure to act by the defendant
In criminal law, what does actus reus refer to?
In criminal law, what does actus reus refer to?
- The guilty state of mind of the defendant
- The burden of proof on the prosecution
- The absence of any valid defense
- A positive act by the defendant or certain circumstances flowing from the defendant's conduct (correct)
Which test is commonly used to determine factual causation in criminal cases?
Which test is commonly used to determine factual causation in criminal cases?
What is required for a defendant to be liable for a criminal offence?
What is required for a defendant to be liable for a criminal offence?
Which is an essential element in securing a conviction in criminal law?
Which is an essential element in securing a conviction in criminal law?
What does the presumption that courts should 'read in words appropriate to require mens rea' aim to achieve?
What does the presumption that courts should 'read in words appropriate to require mens rea' aim to achieve?
Under what circumstances can the presumption requiring mens rea be overturned?
Under what circumstances can the presumption requiring mens rea be overturned?
When a statute is silent on mens rea, what action must the court take to establish Parliamentary intention?
When a statute is silent on mens rea, what action must the court take to establish Parliamentary intention?
What does the concept of 'Ignorance of the criminal law is never a defence' imply?
What does the concept of 'Ignorance of the criminal law is never a defence' imply?
How does the court view a defendant's mistake of fact in relation to innocence?
How does the court view a defendant's mistake of fact in relation to innocence?
Why is it important for actus reus and mens rea to coincide in time?
Why is it important for actus reus and mens rea to coincide in time?
What is required for the defendant's mens rea in the most serious non-fatal offence against the person under section 18 of the Offences Against the Person Act 1861?
What is required for the defendant's mens rea in the most serious non-fatal offence against the person under section 18 of the Offences Against the Person Act 1861?
What kind of harm must the defendant intend to cause under section 18 of the Offences Against the Person Act 1861?
What kind of harm must the defendant intend to cause under section 18 of the Offences Against the Person Act 1861?
In which offence is it not necessary to prove that the defendant foresaw the exact nature or really serious harm that would occur?
In which offence is it not necessary to prove that the defendant foresaw the exact nature or really serious harm that would occur?
Under what circumstances can a person be guilty of an offence under section 18 of the Offences Against the Person Act 1861?
Under what circumstances can a person be guilty of an offence under section 18 of the Offences Against the Person Act 1861?
Which factor contributes to making an offence more serious under section 18 of the Offences Against the Person Act 1861?
Which factor contributes to making an offence more serious under section 18 of the Offences Against the Person Act 1861?
What type of offence is section 18 of the Offences Against the Person Act 1861, in terms of its severity?
What type of offence is section 18 of the Offences Against the Person Act 1861, in terms of its severity?
