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All Cases Flashcards

1
Q

Hogg v MacPherson

A

H driver of horse drawn van
Wind blew van over, breaking a lamppost

H not liable as it wasn’t his action. No voluntary act

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2
Q

R v White

A

W attempted to murder his mother by poisoning her drink
Evidence showed Mrs. W died of a heart attack, unrelated to poison

W not guilty of murder, only attempted

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3
Q

HM Advocate v Kerr & others

A

D charged with rape along with rest of youths
No liability for omissions

Acquitted on the basis he had no duty to intervene

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4
Q

Quinn v Lees

A

L charged with assaulting 3 boys by setting his dog on them
Gave evidence that it was a joke
Held however that there had been sufficient evidence & had intended to attack the boys

The joke was the motive & didn’t effect his M.R.

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5
Q

Paton v HM Advocate

A

P involved in high speed crash killing someone
Initially guilty of culpable homicide
Had to determine if his behaviour showed a criminal indifference to consequences

Sentence substituted to reckless driving

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6
Q

Thambo Meli v R

A

Struck man on head & threw him off cliff
Died from exposure at the bottom
Argued M.R wasn’t the same as A.R

Court rejected this, holding that the acts were part of a single plan. A.R & M.R treated as continuous acts

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7
Q

Roberts v Hamilton

A

Attempted to hit person A but hit her boyfriend instead

Principle of transferred intent, upheld conviction of assault

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8
Q

HM Advocate v Robertson & Donoghue

A

2 accused struggled with elderly shopkeeper
Died of heart failure
Found he had a weak heart

Take victim as you find them, thin skull rule

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9
Q

McDonald v HM Advocate

A

Victim seriously assaulted by 2 accused and locked in his 3rd floor flat
Fell from 2nd floor to his death
He wouldn’t have died ‘but for’ the assault

However, victims contribution needs to be analysed

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10
Q

HM Advocate v Fraser & Rollins

A

Woman enticed people into park where 2 men then robbed them
Eventually killed someone

Each accused is liable for ultimate A.R.

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11
Q

Gallacher v HM Advocate

A

Feud between members of circus & locals
Victim mistaken for circus member
3 convicted on art & part liability
No prior plan but all convicted

Spontaneous coming together

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12
Q

Boyne v HM Advocate

A

Number of people engaged in assault & robbery
One pulled out knife & stabbed victim

Rest would have been guilty if they didn’t try to intervene. Step outside common plan

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13
Q

HM Advocate v Camerons

A

Pretended to be victims of a robbery of a pearl necklace
Sent telegram to insurance company

Attempted fraud as didn’t succeed

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14
Q

Docherty v Brown

A

Woman charged with attempting to get an abortion for her friend
No evidence to suggest she was pregnant

Impossible attempts. Can’t have attempted abortion if there is nothing to abort

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15
Q

West v HM Advocate

A

Both had been found with blades stashed in their pockets outside a bank
Loitering suspiciously with weapons

W charged with conspiracy to assault & robbery

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16
Q

Baxter v HM Advocate

A

Tenement hallways to be refurbished
1 didn’t want to
B only inquired how much it would be to kill him
Argued no consensus

Guilty of incitement

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17
Q

Drury v HM Advocate

A

Murdered his partner with a hammer after she was caught cheating
Lord Rodger decided on a new definition of murder
“Wicked recklessness”

Appeal succeeded, reducing it down to culpable homicide. Provocation

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18
Q

HM Advocate v Purcell

A

P driving recklessly
Got to a pedestrian crossing & hit a 10 y.o. boy
Wicked recklessness usually need assault first to show indifference

P only charged with culpable homicide. Not an act to cause injury of the boy by driving recklessly

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19
Q

Peto v HM Advocate

A

Distinguished Purcell
Pled guilty to murder
Disposed of body by setting fire to it & subsequently flat above, killing lady who lived there

P set fire to flat deliberately, using petrol as an accelerant & knew there were others living above. Foresight of consequences

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20
Q

Tomney v HM Advocate

A

Playing with gun while drunk
Shot & killed friend

Highly reckless to be playing with gun while drunk

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21
Q

Transco PLC v HM Advocate

A

Gas explosion in T’s gas supply killed 4.
Argued a corporation couldn’t be convicted of culpable homicide
Question is not whether the accused acted recklessly, but rather whether they possessed the necessary state of mind along with the action causing death

Was competent to charge a company, but poor prosecution

22
Q

John Roy

A

Deliberately broke window
Glass went into girls eye and injured her

Acquitted as he didn’t make a deliberate attack

23
Q

Smart v HM Advocate

A

2 accused have consensual fight
S gets upper hand & inflicts bad injuries upon his opponent

Charged with assault, consent is no defence. Public policy says surgery is useful, people like boxing etc.

24
Q

R v Brown

A

Group of men involved in consensual sado-masochistic activities
None of participants complained

Consent is not a defence

25
HM Advocate v Harris
H charged with assault Pushed complainer down a flight of stairs & onto road where she was hit by a car Convicted of assault
26
Black v Carmichael
B clamped C's car & demanded £45 for release Holding car to ransom, deprived owner of full use Charged with theft
27
Adcock v Archibald
Tampered with coal hutches to falsely claim he had mined more coal Convicted, even a small charge will suffice
28
Byrne v HM Advocate
Set fire to paper, so building similarly caught fire Charged with wilful fire-raising Wilful fire raising requires deliberate action. Recklessness or negligence isn't sufficient Culpable & reckless fire-raising involves setting fire recklessly
29
Smith v Donnelly
Accused lying on road outside military base Argued definition of breach of the peace was too vague Court held that it requires conduct that is severe enough to alarm ordinary people & threaten serious disturbance to the community
30
Jones v Carnegie; Tallents v Gallacher
2 accused were charged with breach of the peace Court examined the interaction of articles 10 & 11 of ECHR which protect freedom of expression & assembly
31
Harris v HM Advocate
H charged with making threatening remarks to police officers Argued his conduct lacked the necessary "public element" H not liable
32
Cadder v HM Advocate
C convicted of assault Corroborated with confession by C & his victim Admission became inadmissible however as he wasn't told of his right to have a lawyer
33
Moorov v HM Advocate
M a draper who would hire only females & later attempted to SA & rape them Often only direct evidence as that of the employee herself Court held evidence of individual employees could corroborate other similar allegations
34
Lord Advocate's Reference (No.1)
Rape when bf stepped outside Complainers distress was observed by a witness Evidence of a complainers distress shortly after an alleged offence is capable of corroborating both the lack of consent & the occurrence of the events as described by the complainer
35
HM Advocate v PG & JM
PG charged with lewd & indecent practices Court examined whether statements made by one of the brothers shortly after the incident could corroborate JM faced similar charged De recenti statements would be admissible if they were made in close proximity to the event
36
Gubinas v HM Advocate
G accused of rape Assaults allegedly recorded on mobile phones Jury can make up its own mind about video evidence
37
Lawrie v Muir
Milk bottles As L hadn't joined the board & board searched her farm, court held they had no power to search the farm Evidence became inadmissible
38
Davie v Edinburgh Magistrates
Dispute over property damage caused by blasting operations during sewer construction Experts role us to provide information on matters outside normal experience
39
Sweet v Parsley
S allowed students to rent her property Found out the were growing weed HoL overturned conviction, emphasising that courts should presume that mens rea is required for a criminal offence
40
Owens v HM Advocate
Accused had killed someone Didn't deny it Thought he was being threatened by a knife Did he really thin the person had a knife? Case quashed
41
Brennan v HM Advocate
Father & Son arguing over Pink Floyd album cover Son had 25 pints, glass of sherry & tab of LSD Killed father Voluntary intoxication is no defence
42
Ross v HM Advocate
Stabbed someone on night out Argued he was spiked Found out this was true Without his consent Defence recognised
43
Thompson v HM Advocate
Charged with assault & robbery Attempted to lodge defence of coercion, claiming he acted under threats of violence T convicted, no threat of immediate danger
44
R v Dudley & Stephens
Ship got lost at sea with limited food Had been out some days Decided to eat young cabin boy No defence to murder
45
Moss v Howdle
Passenger of car started screaming in pain Accused began speeding to get to hospital Turned out to just be a muscle cramp No defence, not necessity, must be lesser of 2 evils, could have pulled over
46
HM Advocate v Doherty
D charged with culpable homicide Claimed self - defence, arguing he was attacked by a hammer Convicted, must be no alternative & reasonable force
47
Fenning v HM Advocate
Out fishing with friend Found F cheating with friends wife Attacked with rock F attacked back with a knife F convicted, no cruel excess of violence
48
Thompson (2) v HM Advocate
T defrauded by business partner Met with him & had an argument Partner put hand on T's shoulder to stop him from leaving Stabbed him 11 times No provocation of words, guilty
49
Gillian v HM Advocate
Accused of striking victim several times with a shovel Was it murder or culpable homicide? Where it's not sexual infidelity, you have to show you acted proportionally. Reasonable force
50
Donnelly v HM Advocate
Accused said "seeing my friend being assaulted made me so angry I killed the attacker" Provocation not apply

Scots Criminal Law Cases (1 decks)

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