Part 2 Flashcards
(18 cards)
Hugh v MacPherson 1928
NO VOLUNTARY ACT
Man driving horse driving furniture van
Wind knocked over van breaking lamppost
Acquired at high court of justiciary
The lamppost had been broken through no voluntary act of accused
Neither deliberate nor negligent
R v White 1910
“BUT FOR” TEST
Man poisoned mothers drink
Medical evidence showed cause as heart attack not poison
No causal link between mothers death and poisoned drink
HM Advocate v Kerr; and others 1871
NO LIABILITY FOR ADMISSIONS(general rule)
Mr Donald did no take part in a gang rape but was charged for not acting
On appeal court found although morally wrong, Donald was under no legal obligation to stop it
Quinn v Lees 1994
MOTIVE IS NOT CONSIDERED
man told his dog to fetch, setting his dog on to assault 3 minors
Charged with assault
He claimed he had said fetch as a “joke”
Rejected as a defence, joke was considered his motive, which is not relevant to crime in scotland
Paton v HM Advocate 1936
Accused is reckless if a criminal indifference is shown in reference to the consequences of their actions
Driving case
Thabo Meli v R 1954
CONDUCT TREATED AS A CONTINUOUS ACT
Victim assaulted and presumed dead, accused rolled him off a cliff
Victim was alive and found to later die of exposure
Accused argued the men’s rea and actus reus were not coinciding
Court rejected this, their conduct being one continuous actus reus
Robert’s v Hamilton 1989
TRANSFERRED INTENT IN SCOTS LAW
accused tried to hit someone with pool que
Missed and hit someone else
Assault charges from transferred intent
Transferred intent
Where offenders intent is swapped to the actual victim, from the intended victim.
HM Advocate v Robertson and Donoghue 1945
TAKE VICTIM AS YOU FIND THEM- THIN SKULL RULE
UNLAWFUL ACT, INVOLUNTARY CULPABLE HOMOCIDE
Accused robbed a shop
After a struggle with elderly owner he died of a heart attack, due to weak heart
‘But for’ test found them materially causing death
McDonald v HM advocate 2007
VICTIMS CONTRIBUTION
victim locked in 3rd floor flat after being beaten by accused
After 30 minutes he attempted to climb out the window, falling and dying outside from exposure
Court agreed death was not due to injuries from assault
Accused’s homocide charges were held, causal link was found between deceaseds actions and accused’s assault
HM advocate v Fraser and Rollins 1920
ART AND PART, EACH ACCUSED GUILTY FOR FINAL ACTUS REAS
Woman who led men through a park to be robbed with two accomplices
On one occasion victim tried to fight to defend himself and was killed
Court found it reasonably foreseeable, robbing leading to violence and even death
All were charged and convicted of murder
HM Advocate v Gallagher 1951
ART AND PART, SPONTANEOUS COMING TOGETHER
tensions between locals and circus workers
Man started beating someone he mistook as a circus worker, multiple joined in unplanned
Victim died
Court convicted all of murder
If all are animated by a common purpose they they are all criminally liable
Boyne v HM Advocate 1980
STEP OUTSIDE COMMON PLAN
Multiple involved in a robber when victim was stabbed
Court found it not reasonably foreseeable for the others involved that a death would occur
Only accused that did the stabbing convicted
HM advocate v Cameron’s 1911
PREPERATION TO PERPETRATION
couple faked a robber of jewellery to commit insurance fraud
They had sent a telegram informing insurance company, but had not put through an actual claim for the money
The jury decided they had passed preparation and entered perpetration
were charged with attempte
Conspiracy actus reus
And men’s rea
An agreement between two or more persons to commit a crime or crimes, intending to do so
West v HM ADVOCATE 1985
Loitering suspiciously with weapons conspiracy charged
Incitement actus reus
Men’s rea
Inviting another to enter a conspiracy or commit a crime,
With the intention that the other will carry out the crime
Baxter v HM Advocate
It is enough that accused is serious for incitement charges
