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Flashcards in Crimes Against the Person Deck (28)
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1
Q

where is assault defined

A

in Smart v HMA (1975)

2
Q

what is the definition of assault?

A

“An assault is committed when one person makes an attack upon another with the intention of effecting immediate bodily injury of that other person”

3
Q

what happened in Smart?

A

accused was asked to have ‘square go’, not an excuse

4
Q

what is the significance of Gilmour v McGlennan 1993

A

presented toy gun as a joke, was not a valid defence

5
Q

what was the lord advocates reference on the Gilmour v McGlennan case

A

“an assault was capable of taking place, even against a background of good natured joking, where the accused acted deliberately”

6
Q

can assault be committed accidentally?

A

no

7
Q

give a case that featured the doctrine of transferred intent

A

Connor v Jessop, throw glass with intention to hit someone but ended up hitting someone else

8
Q

what was the first case authority for rape and what was the finding produced?

A
William Fraser (1847)
"lack of consent is sufficient for rape"
9
Q

would the accused in William Fraser be charged with rape now?

A

yes under the Sexual Offences (Scotland) Act 2009 s13 (2) (e)

10
Q

what was the definition produced in Charles Sweenie (1858)

A

had intercourse with women while she was asleep, the case emphasised that force was essential

11
Q

would sweenie be charged with rape nowadays

A

yes under the Sexual Offences (scotland) Act 2009, s13 2 (a)

12
Q

what did the Lord Advocates reference state with regard to rape

A

that the mens rea was satisfied if the man was “reckless as to whether she was consenting”

13
Q

What was the conclusion of Lord Hope in Jamieson v HMA 1994

A

if a man believed a women was consenting, could not be guilty of rape

14
Q

what where the limits to the law on sexual offences before the introduction of the Sexual Offences Act 2009

A

women could not be charged with rape

rape required penile penetration

15
Q

when did the Sexual Offences Act 2009 come into force

A

2010

16
Q

what are the basic priniples of the Sexual Offences Act 2009

A
  • cannot consent if unconscious
  • consent can be with drawn at any time
  • outlines law with regards to mental disorder
17
Q

where is culpable homicide defined

A

Bird v HMA (1952)

18
Q

what is the definition of culpable homicide

A

“if there was any assault and death results from it, then the accused person is guilty of culpable homicide

19
Q

where was the definition of culpable homicide reinforced

A

Macdonald V HMA 2006. Victim assaulted, locked in flat and fell from window. Proved causal link between assault and victims death. No novus actus interveniens.

20
Q

Where is murder defined?

A

Drury v HMA 2001

21
Q

what is the mens rea of murder?

A

murder required a wicked intention to kill or wicked recklessness as to whether the victim lived or died

22
Q

what happened in the case of Drury v HMA 2001

A

accused murdered girlfriend with hammer once he found out she was having an affair. Appealed on ground of provocation

23
Q

Where was the definition of murder given in Drury re-affirmed

A

Purcell v HM Advocate 2007. Accused hit 10 year old with car whilst being pursued by the police. Charge of murder not supported as he did not have the wicked intention to kill

24
Q

what are the two general offences given with regards to culpable and reckless conduct

A

reckless injury and reckless endangerment

25
Q

what is recklessness a consequence of

A

risk taking

26
Q

what is the actus rea for culpable and reckless conduct

A

injury to victim

27
Q

what is reckless endangerment

A

endangerment but not necessarily actual danger to the victim. Injury often evident but not strictly part of the offence.

28
Q

Give an example of a case where the accused were criminally liable for culpable and reckless conduct

A

Allan v Patterson, showed complete disregard for consequences