Unit 4 Lesson 2 Crimes Of Violence Flashcards
Define assault
A crime at common law and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted
Categories of assault
Direct
E.g. punching, kicking
Indirect
E.g. setting a dog on someone, striking a horse causing It to rear end someone
What is meant by menaces?
Assault may consist of violent menaces
Verbal threats are not enough in themselves to constitute a crime of assault.
But threatening gestures inducing a state of bodily fear are sufficient, whether or not accompanied by menacing words.
E.g.
- Aggressively pointing a knife within reach
- aiming a firearm whether loaded or not, if the victim believes it is loaded
- Any similar act that has intention along with ability
What is justifiable assault
Under the authority of the law or
In self defence of yourself or another, NOT property
What is section 1 of the Protection of Workers (Retail and age-restrictions of goods and services) (Scotland) Act 2021?
Creates an offence for a person to assault, threaten or abuse a person who is a retail worker and who is engaged at the time of the incident in retail work.
An aggravation of this offence is if the behaviour constituting the offence occurred because of enforcement of a statutory age restriction.
What is section 90 of the Police and Fire Reform (Scotland) Act 2012?
A person assaulting, resisting, obstructing or hindering (among other things) a constable In the execution of his or her duty
What is section 1 of the Emergency Workers (Scotland) Act and 2005?
Assaulting, obstructing or hindering someone who is acting in capacity of a police constable, firefighter, ambulance worker, doctor, nurse or midwife.
Includes non physical actions
What is the definition of culpable and reckless conduct?
No specific definition, for this wide ranging common law crime.
However, it can be described as culpable and reckless acts which cause injury to others or which create risk of injury.
The acts much be more than a genuine and innocent accident however careless.
In order to properly establish criminal culpability, the reckless behaviour of the accused must show UTTER DISREGARD FOR THE CONSEQUENCES.
What are the aggravations of assault
Danger to victim Intent Mode of perpetration Persons character Locus of assault Extent of injuries Statutory hate crime
