Chapter 4 Multiple choice questions

. How is negligence best described?

As a form of mens rea which requires an advertent state of mind

As a form of actus reus

As a type of legal fault as it sets an objective standard to which a person's behaviour must conform

As a form of intention to be negligent to a certain situation

. What is an offence of strict liability?

An offence that requires mens rea but no actus reus

An offence created by statute

An offence that can only be tried before a jury

An offence which does not require mens rea to be proved in relation to one or more elements of the actus reus

. Strict liability offences are offences mala prohita as opposed to offences…...

ejusdem generis

mala in se

volenti non fit injuria

novus actus interveniens

. When the court is deciding whether the presumption of mens rea has been rebutted, in addition to the statutory context of an offence, the court may also consider the...

The public context

The community context

The social context

The collective context

. In which of the following cases did the House of Lords take the view that the more serious the offence the less likely it was that the presumption of mens rea would be rebutted?

Howells (1977)

Alphacell Ltd v Woodward (1972)

Windle (1952)

B (A Minor) v DPP (2000)

. Which of the following is not a justification for the creation of strict liability offences?

They encourage greater safety and improved standards of prevention

They only punish people who are blameworthy

They increase administrative efficiency and act as a deterrent

They relieve the prosecution of the difficult task of proving mens rea

. Strict liability offences are necessary...

If there is no other means of achieving the ends of protecting the public and enforcing the law

In all aspects of the law

In the first instance as they are the best way of protecting the public and enforcing the law

In cases where the defendants are blameworthy

. A number of cases developed a general due diligence (or no-negligence) defence to offences of strict liability, which places the _______ on the accused.

Intention

Recklessness

Burden of proof

Liability

. Which Article of the ECHR upholds the principle of 'innocent until proven guilty'?

Article 2(2)

Article 4(2)

Article 6(2)

Article 8(2)

. In which of the following cases did the ECtHR hold that 'the presumptions of fact or law' in criminal proceedings should be confined within 'reasonable limits'.

Windle (1952)

Salabiaku v France (1998)

B (A Minor) v DPP (2000)

Howells (1977)

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