Unit 4 Definitions Flashcards
Scots Criminal Law: Introduction and Investigation
Abettor
A person who incites, instigates, encourages or counsels another to commit a crime or offence.
Accessory
Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or who acts in concert by watching whilst the crime or offence is committed.
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.
Attempt to Prevent the Course of Justice
A crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime, or the bringing of an offender to justice.
Breach of the Peace
A crime at common law and is constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.
Culpable and Reckless Fireraising
Is committed when property is set on fire as a result of a reckless act by the accused.
Forgery and Uttering
A crime at common law, and consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person.
Fraud
Falsehood - false representation by word
of mouth or writing or false
conduct.
Fraud - intention to deceive and
defraud.
Wilful imposition - what is required is that
there is a practical result,
i.e. including a person to do
what they would otherwise
not have done
House
Includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secured against intrusion by unauthorised persons
Malicious Mischief
A crime at common law constituted by wilful, wanton, and malicious destruction of, or damage to the property of another.
Offensive Weapon
Includes any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person.
Perjury
Perjury is a crime at common law, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath.
Principle
The person who actually commits the crime or offence.
Subornation of Perjury
Crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings.
Reset
A crime at common law committed by any person with intent to deprive the owner, to receive and keep property, knowing that it had been appropriated by theft, robbery, embezzlement or fraud.
