Question 1

Where a court is construing a statutory offence and concludes that the offence should be presumed to have a mens rea element, what mens rea element is implied?

Accepted Answer

A)   that the defendant must intend every element of the actus reus
B)   that the defendant will have a defence if s/he believed that an aspect of the actus reus did not exist
C)   that the defendant must believe all the elements of the actus reus exist
D)   that the defendant was negligentE) B) and C)
F) All of the above

Question 2

Most strict liability offences carry low sentences.

Accepted Answer

A) True 
 B)False

Question 3

In an offence of strict liability which of the following does not need to be proved by the prosecution?

Accepted Answer

A)   that the defendant had a mens rea
B)   that the defendant caused the harm
C)   that the defendant was guilty beyond reasonable doubt
D)   that the defendant acted voluntarilyE) None of the above
F) B) and D) A

Question 4

Article 6 of the European Convention on Human Rights prohibits the existence of strict liability offences.

Accepted Answer

A) True 
 B)False  False

Question 5

In B v DPP the House of Lords said that in construing statutory criminal offences there was a presumption that Parliament intended there to be a ___ ___ requirement.

Accepted Answer

mens rea
mental element
Explanation: In construing statutory offences there is a presumption against them being offences of strict liability and in favour of them requiring proof of a mens rea element.

Exam 4: Strict Liability

Where a court is construing a statutory offence and concludes that the offence should be presumed to have a mens rea element, what mens rea element is implied?

Correct Answer
verified

Most strict liability offences carry low sentences.

Correct Answer
verified

In an offence of strict liability which of the following does not need to be proved by the prosecution?

Correct Answer
verified
A

Article 6 of the European Convention on Human Rights prohibits the existence of strict liability offences.

Correct Answer
verified
False

In B v DPP the House of Lords said that in construing statutory criminal offences there was a presumption that Parliament intended there to be a _ _ requirement.

Correct Answer
verified
mens rea mental element Explanation: In construing statutory offences there is a presumption against them being offences of strict liability and in favour of them requiring proof of a mens rea element.

Exam 4: Strict Liability

Where a court is construing a statutory offence and concludes that the offence should be presumed to have a mens rea element, what mens rea element is implied?

Correct AnswerverifiedShow Answer

Most strict liability offences carry low sentences.

Correct AnswerverifiedShow Answer

In an offence of strict liability which of the following does not need to be proved by the prosecution?

Correct AnswerverifiedA

Article 6 of the European Convention on Human Rights prohibits the existence of strict liability offences.

Correct AnswerverifiedFalse

In B v DPP the House of Lords said that in construing statutory criminal offences there was a presumption that Parliament intended there to be a ___ ___ requirement.

Correct Answerverifiedmens rea mental element Explanation: In construing statutory offences there is a presumption against them being offences of strict liability and in favour of them requiring proof of a mens rea element.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A

Correct Answer
verified
False

In B v DPP the House of Lords said that in construing statutory criminal offences there was a presumption that Parliament intended there to be a _ _ requirement.

Correct Answer
verified
mens rea mental element Explanation: In construing statutory offences there is a presumption against them being offences of strict liability and in favour of them requiring proof of a mens rea element.