S11 Inchoate offences

13) Advising, soliciting, encouraging or threatening the principal to commit an offence amounts to which ONE of the following? a. Counselling b. Abetting c. Procuring d. Aiding

a. Counselling

3) Which ONE of the following is NOT an offence under the Serious Crime Act 2007? a. Encouraging or assisting an offence being reckless as to whether it will be committed b. Encouraging or assisting an offence believing it will be committed c. Intentionally encouraging or assisting an offence d. Encouraging or assisting offences believing one or more will be committed

a. Encouraging or assisting an offence being reckless as to whether it will be committed

4) Which of the following parties may NOT be convicted of a conspiracy to commit an offence? a. Gail and Harry, a married couple b. Charlotte and Fortune, who are engaged to be married c. Gary and Susan, who are divorced d. Hamed, aged 10 and Trevor, an adult

a. Gail and Harry, a married couple

9) Which term best describes a person through which the principal causes the actus reus? a. Innocent agent b. Joint principal c. Secondary party d. Accessory

a. Innocent agent

15) Which of the following statements about the Supreme Court decision in R v Jogee (2016) is correct? a. Foresight is synonymous with intention as a matter of law b. Foresight is evidence of intention but is not synonymous with intention c. For accessorial liability, the prosecution must prove that the defendant foresaw that the principal would commit the offence with the requisite mens rea d. The principle of fundamental departure means that a defendant should not be convicted if the principal's act was fundamentally different from the act that the defendant foresaw that the principal might commit

b. Foresight is evidence of intention but is not synonymous with intention

5) Which of the following mens rea elements is required for conspiracy? a. Suspicion that the circumstances that constitute the actus reus exist b. Intention that the agreement be carried out and the substantive offence be committed c. Recklessness as to the existence of the facts or circumstances which constitute the actus reus of the offence d. Intention to play an active part in carrying out the agreement

b. Intention that the agreement be carried out and the substantive offence be committed

14) Miranda and Cheryl decide to take part in a robbery of a bank. Unbeknown to Cheryl, Miranda takes a loaded gun with her. During the robbery, Miranda pulls out the gun and shoots an employee of the bank, killing him. Which of the following statements correctly represent the mens rea required to convict Cheryl of murder? a. Foresight that Cheryl might kill and that she might have the intention to kill or cause GBH b. Intention to encourage or assist the principal to intentionally inflict GBH or kill c. Foresight that Cheryl might cause GBH d. Foresight that Cheryl is virtually certain to cause GBH and that Cheryl might have the intention to kill or cause

b. Intention to encourage or assist the principal to intentionally inflict GBH or kill

8) To which of the following offences is impossibility NOT a defence? a. Common law conspiracy b. Statutory conspiracy c. Intentionally encouraging or assisting an offence d. Encouraging or assisting an offence believing it will be committed

b. Statutory conspiracy

7) Which of the following statements about attempts is FALSE? a. Whether or not the actus reus of attempt is present is a question of fact for the jury to decide b. The actus reus requires the defendant to take steps which are more than merely preparatory towards the commission of the offence c. A defendant may not be convicted of an attempt to commit an either way offence under the Criminal Attempts Act 1981 d. Impossibility is no defence to an attempt

c. A defendant may not be convicted of an attempt to commit an either way offence under the Criminal Attempts Act 1981

16) Which of the following cases is authority for the proposition that a defendant must "countermand" or "repent" in order to successfully withdraw his participation at the scene of the crime? a. Grundy (1977) b. Whitefield (1984) c. Becerra and Cooper (1976) d. Robinson (2000)

c. Becerra and Cooper (1976)

10) Which ONE of the following is NOT an actus reus element of accessorial liability? a. Counselling b. Procuring c. Conspiring d. Aiding

c. Conspiring

1) Which ONE of the following inchoate offences was introduced by the Serious Crime Act 2007? a. Conspiracy b. Incitement c. Encouraging or assisting crime d. Attempt

c. Encouraging or assisting crime

12) Which of the following cases is authority for the principle that procuring means "to produce by endeavour"? a. Calhaem (1985) b. Wilcox v Jeffery (1951) c. Bainbridge (1960) d. AG's Reference (No 1 of 1975) (1975)

d. AG's Reference (No 1 of 1975) (1975)

11) Which ONE of the following CANNOT be performed before the commission of the principal offence? a. Procuring b. Aiding c. Counselling d. Abetting

d. Abetting

2) Norman asks Mary to provide him with a can of petrol and some rags so that he can set fire to Toby's car. Mary gives Norman the petrol but Norman does not set fire to the car. Which of the following offences might Mary be convicted of? a. Conspiracy to commit arson b. No offence because Norman does not set fire to the car c. Inciting arson d. Encouraging or assisting arson believing it will be committed

d. Encouraging or assisting arson believing it will be committed

6) What is the mens rea for attempted murder and which authority supports this? a. Intention to kill or cause GBH - Pearman (1985) b. Intention to kill or cause GBH - Whybrow (1951) c. Intention to kill - Pearman (1985) d. Intention to kill - Whybrow (1951)

d. Intention to kill - Whybrow (1951)