Assault and Reckless Conduct

Question 1

Kay v Allan

Answer 1

Assault can occur as a result of an indirect force - setting dog.

Question 2

Smart v HMA

Answer 2

Consent is no defence to an assault. Agreed to a fight.

Question 3

R v Brown

Answer 3

Consent is no defence. Sadomachochist activity against public policy.

Question 4

LAR 2 of 1992

Answer 4

Motive of assault is irrelevant and intention caused fear and alarm. (toy gun in shop)

Question 5

Gilmour v McGlennan

Answer 5

On appeal, threatening gesture causing fear and alarm can amount to assault (toy gun in car)

Question 6

Atkinson v HMA

Answer 6

Knife used in robbery. Threatening gesture can amount to assault. Caused fear and alarm.

Question 7

Macphail v Clark

Answer 7

Culpable and reckless endangerment for failing to remedy situation. Legally set fire to crops, smoke caused collision on nearby road.

Question 8

Cameron v Maguire

Answer 8

Firing at pile of earth. Culpable and reckless endangerment.

Question 9

Gizzi v Tudhope

Answer 9

Clay pigeon shooting. Culpable and reckless use of firearms.

Question 10

HMA v Harris

Answer 10

Bouncer pushing woman. Culpable and reckless conduct causing actual injury is criminal. Extends beyond endangerment of lieges

Question 11

Campbell v HMA

Answer 11

Firing shotgun at trespassers. Accused was convicted of recklessly discharging the shotgun - indifferent/disregard to consequences.

Question 12

W v HMA

Answer 12

Throwing glass out of window. Despite no wider endangerment. Injurying one person was sufficient to constitute mens rea

Question 13

Khaliq & Ulhaq

Answer 13

Supply equivalent to administration. Extended to fully competent adults.

Question 14

R v Kennedy

Answer 14

English case. Acts of third parties break the chain of causation if voluntary – supply of drugs does not create liability

Question 15

Sharps cases.

Answer 15

Showing a level of disregard or indifference to consequences constitutes the mens rea of recklessness.