Flashcards in Crimes Against the Person Deck (28)
where is assault defined
in Smart v HMA (1975)
what is the definition of assault?
"An assault is committed when one person makes an attack upon another with the intention of effecting immediate bodily injury of that other person"
what happened in Smart?
accused was asked to have 'square go', not an excuse
what is the significance of Gilmour v McGlennan 1993
presented toy gun as a joke, was not a valid defence
what was the lord advocates reference on the Gilmour v McGlennan case
"an assault was capable of taking place, even against a background of good natured joking, where the accused acted deliberately"
can assault be committed accidentally?
give a case that featured the doctrine of transferred intent
Connor v Jessop, throw glass with intention to hit someone but ended up hitting someone else
what was the first case authority for rape and what was the finding produced?
William Fraser (1847)
"lack of consent is sufficient for rape"
would the accused in William Fraser be charged with rape now?
yes under the Sexual Offences (Scotland) Act 2009 s13 (2) (e)
what was the definition produced in Charles Sweenie (1858)
had intercourse with women while she was asleep, the case emphasised that force was essential
would sweenie be charged with rape nowadays
yes under the Sexual Offences (scotland) Act 2009, s13 2 (a)
what did the Lord Advocates reference state with regard to rape
that the mens rea was satisfied if the man was "reckless as to whether she was consenting"
What was the conclusion of Lord Hope in Jamieson v HMA 1994
if a man believed a women was consenting, could not be guilty of rape
what where the limits to the law on sexual offences before the introduction of the Sexual Offences Act 2009
women could not be charged with rape
rape required penile penetration
when did the Sexual Offences Act 2009 come into force
what are the basic priniples of the Sexual Offences Act 2009
- cannot consent if unconscious
- consent can be with drawn at any time
- outlines law with regards to mental disorder
where is culpable homicide defined
Bird v HMA (1952)
what is the definition of culpable homicide
"if there was any assault and death results from it, then the accused person is guilty of culpable homicide
where was the definition of culpable homicide reinforced
Macdonald V HMA 2006. Victim assaulted, locked in flat and fell from window. Proved causal link between assault and victims death. No novus actus interveniens.
Where is murder defined?
Drury v HMA 2001
what is the mens rea of murder?
murder required a wicked intention to kill or wicked recklessness as to whether the victim lived or died
what happened in the case of Drury v HMA 2001
accused murdered girlfriend with hammer once he found out she was having an affair. Appealed on ground of provocation
Where was the definition of murder given in Drury re-affirmed
Purcell v HM Advocate 2007. Accused hit 10 year old with car whilst being pursued by the police. Charge of murder not supported as he did not have the wicked intention to kill
what are the two general offences given with regards to culpable and reckless conduct
reckless injury and reckless endangerment
what is recklessness a consequence of
what is the actus rea for culpable and reckless conduct
injury to victim
what is reckless endangerment
endangerment but not necessarily actual danger to the victim. Injury often evident but not strictly part of the offence.