General Elements of Criminal Liability | OCR A-Level Law (H418)
General Elements of Criminal Liability
- 57 questions
- 3 subtopics
- Component 1: The legal system and criminal law
- Component 1
The two elements every offence requires, and the rules linking the defendant's conduct to the result..
It covers actus reus: acts, omissions and states of affairs, causation in criminal law and conduct and consequence crimes, strict liability and transferred malice.
Sample questions from General Elements of Criminal Liability
Answer each one closed book first, then open the answer.
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Actus reus: acts, omissions and states of affairs
What is a state of affairs offence?
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A state of affairs offence is one where the actus reus consists of the defendant being in a particular situation or condition, rather than performing a positive act or omission. -
Actus reus: acts, omissions and states of affairs
In R v Stone and Dobinson, why were the defendants convicted despite not being related to the victim?
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They had voluntarily assumed responsibility for the victim's care by taking her into their home, creating a duty to provide adequate care. -
Causation in criminal law
What is the 'but for' test and what does it establish?
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The 'but for' test establishes factual causation: but for the defendant's conduct, the result would not have occurred. -
Causation in criminal law
What test does R v Cheshire establish for medical treatment breaking the chain of causation?
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R v Cheshire confirms that only extraordinary and unusual medical treatment that is independent of the defendant's act will break the chain of causation. -
Conduct and consequence crimes, strict liability and transferred malice
Why might the presumption of mens rea be considered inadequate protection for defendants in strict liability cases?
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The presumption can be easily displaced by courts finding the offence is regulatory or that strict liability would encourage greater vigilance. Parliament rarely makes its intention explicit, leaving courts significant discretion that may favour prosecution convenience over defendant protection. -
Conduct and consequence crimes, strict liability and transferred malice
What limit on transferred malice did R v Pembliton (1874) establish?
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Malice cannot transfer between different types of offence: the defendant threw a stone at people but broke a window, and his intent to harm people could not be used for criminal damage.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Actus reus: acts, omissions and states of affairs | Recall questions on voluntary acts, state of affairs offences and R v Larsonneur, and on when an omission creates liability through contractual, statutory, relationship, assumed and created duties, as in R v Pittwood, R v Stone and Dobinson, R v Gibbins and Proctor and R v Miller. | 23 |
| Causation in criminal law | Recall questions on factual causation and the but for test in R v White, legal causation and multiple causes in R v Pagett, the thin skull rule in R v Blaue, and whether medical treatment, the victim or a third party breaks the chain, as in R v Smith, R v Cheshire and R v Roberts. | 21 |
| Conduct and consequence crimes, strict liability and transferred malice | Recall questions on the distinction between conduct and consequence crimes and the role of luck, the arguments for and against strict liability and the presumption of mens rea, and whether transferred malice produces just outcomes. | 13 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.