Offences which threaten or harm bodily integrity Flashcards
What is the mens rea and actus reus for murder?
The mens rea is the ‘wicked intent’ to kill another human being, or the killing of another human being through ‘wicked recklessness’.
The actus reus is causing the death of another human being.
Why does ‘wicked recklessness’ exist in forming the mens rea for murder?
It exists where the accused reaches a point where they are at an indifference on whether a person lives or dies.
If a person is responsible for the killing of another human being but it was proven it was an accident, what would the charge be?
Culpable Homicide.
What is the difference in sentences between murder and culpable homicide?
In murder the judge has no discretion and must impose a life sentence on the accused.
In culpable homicide the judge is at liberty to impose anything from a warning to life imprisonment.
What is the actus reus and mens rea for Voluntary Culpable Homicide?
The actus reus is causing the death of another human being and the mens rea is the intention to kill another being having been provoked or suffering from diminished responsibility.
What is meant by involuntary culpable homicide through a lawful act?
This is where the death of another human being has been caused accidentally or through a high amount of negligence that means it is not an unlawfula act.
In HMA v Robertson & Donoghue what are the facts and what rule was derived?
In this case the two accused where involved in an unlawful act (an assault) which resulted in the unintentional killing of the victim.
The victim had a weak heart and died of heart failure.
The eggshell rule (thin skull rule), this is where you take the victim as you find them.
Culpable homicide can be charged against a company what act and relevant sections regulated this?
The Corporate Manslaughter and Corporate Homicide Act 2007
s1(1) guilty of offence if the way in which activities are managed or organised (a) cause a person’s death (b) gross breach of a relevant duty of care owed by the organisation to the deceased
s1(4) For purposes of this act … (b) breach of duty is a gross breach if conduct alleged to amount to a breach of duty falls far below what can be reasonably expected by the organisation in the circumstances.
s1(5) Offence is to be known as Corporate Homicide
What is the actus reus and mens rea of assault?
Actus Reus - An attack on the person of another
Mens Rea - Intending to cause fear/alarm to the victim; intending to cause personal injury.
Why did the charge of assault fail in ‘John Roy 1839’?
Because the accused in this case did not intend to cause injury, or place another in state of fear and alarm. Intention is crucial in a charge of assault.
Does consent provide a defence to assault?
No, several cases have confirmed this.
Smart v HMA 1975 claimed the victim agreed to a ‘square go’, consent was no defence.
R v Brown [1994] sado-masochism no defence.
Stewart v Nisbet - Error as to consent
When would an assault become aggravated?
Assault with intent to rape; Assault to the danger of life; Assault to severe injury; Assault to permanent disfigurement; Assault to the permanent disfigurement of sight; Assault with a weapon; Hamesucken.
Assault requires intent. Can a person be guilty of an offence recklessly?
Yes, reckless conduct of danger to the victim is a crime in Scotland as well as reckless conduct which causes real injury as per HM Advocate v Harris 1993.
