CASE NAMES

Question 1

Baxter v HMA

Answer 1

Incitement mens rea - seriously intend to encourage the crime.

Question 2

HMA v Kerr

2

Answer 2

Participation - watching does not count

Omissions - no general duty to interfere with a crime

Question 3

Bazter v HMA

Answer 3

Participation includes counsel and instigation

Question 4

R v Bainbridge

Answer 4

Participation includes provision of materials

Question 5

HMA v Igoe

Answer 5

Participation - assisting after the crime is not participation

Question 6

Coleman v HMA

Answer 6

Common purpose does not have to be explicit

Question 7

Shephard v HMA

Answer 7

Common purpose - accused is not liable for something unreasonably beyond common purpose

Question 8

HMA v Harris

Answer 8

Reckless injury actus reus - causing injury

Question 9

W v HMA

Answer 9

Reckless injury mens rea - recklessness/disregard

Question 10

Normand v HMA

Answer 10

Reckless endgangerment mens rea - recklessness/disregard

Question 11

Drury v HMA

2

Answer 11

Wicked recklessness test

Murder mens rea - wicked recklessness/intention

Question 12

HMA v Scott

Answer 12

life starts with breath and cry

Question 13

Bird v HMA

Answer 13

Unlawful culpable homicide - assualt with death

Question 14

Transco v HMA

Answer 14

Lawful culpable homicide definition - recklessly causing death

Question 15

Paton v HMA

Answer 15

Recklessness definition

Question 16

Black v Carmichael

2

Answer 16

Theft actus reus - appropriation without consent

Extortion actus reus

Question 17

Fowler v OBrien

Answer 17

Theft mens rea - intention to deprive

Question 18

HMA v Laing

2

Answer 18

Embezzlement definition

Alibi definition

Question 19

Cromar v HMA

Answer 19

Roberry actus reus - theft thorugh violence

Question 21

Adcock v Archiabld

Answer 21

Fraud actus reus - deifnite result

Question 22

Mackenzie v Skeen

Answer 22

Fraud mens rea - intention, recklessness is not enough

Question 23

Latta v Herron

Answer 23

Reset mens rea - knowledge of illegal obtainment

Question 24

Wade v Robertson

Answer 24

Malicious mischief mens rea - recklessness

Question 25

HMA v Wilson

Answer 25

Malicious mischief - interfering with property, not just economic loss.

Question 26

Byrne v HMA

Answer 26

Fire-raising definition

Question 27

Smith v Donnelly

Answer 27

Breach of the Peace actus reus - cause alarm

Question 28

Montgomerie v Kilmarnock

Answer 28

Breach of the peace - objective test for alarm

Question 29

Lindsay v HMA

Answer 29

Breach of peace - must be alarm not just upset

Question 30

Jones v Carnegie

Answer 30

Breach of peace - conduct can be in private, must have risk of being seen

Question 31

Paterson v Airdrie

Answer 31

Abusive behaviour - objective test for threateningness

Question 32

Calrk v Syme

Answer 32

Ignorance of the law is not a defence

Question 33

HMA v Carson

Answer 33

Self-defence - can be third party

Question 34

Boyle v HMA

Answer 34

Self-defence not ruled out if accused started the fight

Question 35

HMA v Docherty | 2

Answer 35

self-defence requirements coercion - threat does not have to be personal

Question 36

McBrearty v HMA

Answer 36

self-defence - escape must not put you at risk

Question 37

McCluskey v HMA

Answer 37

Self-defence - lethal force if rape/death

Question 38

Capolo v HMA

Answer 38

Provocation - requirements

Question 39

Gillon v HMA

Answer 39

Provocation - violence must be proportionate

Question 40

McKay v HMA | 2

Answer 40

Provocation - cumulative does not count Couple need to have a realtionship of fidelity

Question 41

Hill v HMA

Answer 41

provocation - do not need to catch them in the act

Question 42

Moss v Howdle

Answer 42

Necessity requirements

Question 43

Thomson v HMA

Answer 43

Coercion requirements

Question 44

Trotter v HMA

Answer 44

Coercion - threat must be carried out immediately

Question 45

Brennan v HMA

Answer 45

Voluntariy intoxication is not a defence

Question 46

Ross v HMA

Answer 46

Automatism requirements

Question 47

Atkinson v HMA

Answer 47

Assault can be just producing fear

Question 48

Connor v Jessup

Answer 48

Assault - intention can be transfered

Question 49

Smart v HMA

Answer 49

Assault - consent is not a defence

Question 50

Bone v HMA

Answer 50

Omissions liability - parents should interfere with child crime.

Question 51

Maxwell v HMA

Answer 51

Conspiracy actus reus