3. Offences Which Threaten Or Harm Bodily Integrity - Scots Criminal Law And Evidence.

Front 1

What is the definition of murder?

Back 1

'causingthe death of another human being, having (wickedly) intended to kill or through"wicked recklessness" '

Front 2

What is the actus reus of murder?

Back 2

'causing the death of another human being'

Front 3

For which crimes is the actus reus 'Causing the death of another human being'

Back 3

1. Murder

2. Involuntary Culpable Homicide

3. Voluntary Culpable Homicide

Front 4

What is the mens rea of murder?

Back 4

'having(wickedly) intended to kill or through "wicked recklessness" '

Front 5

For what crime is the mens rea ' Having (Wickedly) intended to kill or through "wicked recklessness" '

Back 5

Murder

Front 6

What was held in Drury v. H.M. Advocate2001?

Back 6

A man killed his previous partner when he discovered she was in a relationship with a new man. This case shows that in order to charge murder there must be 'wicked intent', which means the Crown must prove there was intent to kill at the time and no other mitigating factors (diminished responsibility, etc.)

Front 7

Which case concerns a man killing his ex partner when provoked by supposed infidelity, and shows that wicked intent is an intent to kill without mitigating factors.

Back 7

Drury v HM Advocate 2001

Front 8

What was held in H.M. Advocate v Purcell 2008?

Back 8

A man knocked down a ten year old boy while driving through a red light at speed. It was held that in order to satisfy 'wicked recklessness' there must be some underlying intention to cause personal injury. Murder was not an appropriate charge; culpable homicide was relevant.

Front 9

Which case concerns a man knocking down a ten year old boy and shows that in order for the mens rea of murder, in 'wicked recklessness' to be satisfied, the must be intent to cause personal injury?

Back 9

H.M. Advocate v Purcell 2008

Front 10

What was held in Petto v HM Advocate 2009

Back 10

The accused stabbed a victim, and tried to burn the body which set the tenement which the victim lived in, on fire. This killed a woman living above the apartment. It was said obiter that as setting fire to building had a natural consequence of causing injury, and petto would have had a 'virtual certainty' of that being a possibility, this could be enough to satisfy the underlying intent for 'wicked recklessness'.

Front 11

Which case concerns an accused setting fire to a victim's house in order to get rid of a body, killing a neighbour and shows that if someone has a virtual certainty of fire raising causing death, but with no intention to do so, that certainty may be used to satisfy the intent of 'wicked recklessness' (in obiter statements)

Back 11

Petto v H.M. Advocate 2009

Front 12

What is the mens rea of involuntary culpable homicide?

Back 12

'with a mens rea that falls short ofmurder, but is nonetheless regarded as criminal'

Front 13

What is an unlawful act involuntary culpable homicide?

Back 13

Killing another human being, without intent to do so, but during an act which is unlawful (such as an assault)

Front 14

What is a lawful act, involuntary culpable homicide?

Back 14

causing the death of a human being while performing an act which is lawful, or does not intend harm to another.

Front 15

What was held in Tomney v HM Advocate 2012?

Back 15

An accused shot a friend in his house with a pistol after consuming alcohol and cannabis. While there was no intent to harm the friend, firing the gun was culpable and reckless rather than accidental and as such a charge of culpable homicide was relevant.

Front 16

Which case concerns a man shooting his friend to death with a pistol while not aiming at him, which was held to be culpable and reckless rather than accidental?

Back 16

Tomney v HM Advocate 2012

Front 17

For which crime is the mens rea ''with a mens rea that falls short of murder, but is nonetheless regarded as criminal''

Back 17

involuntary culpable homicide

Front 18

What is the mens rea for voluntary culpable homicide?

Back 18

'having intended to kill (etc.) but having beenPROVOKED or suffering from DIMINISHED RESPONSIBILITY'

Front 19

In what circumstances will death caused by dangerous driving be charged as culpable homicide?

Back 19

In the most serious cases, otherwise the statutory charge will be used.

Front 20

Which act covers causing death while driving, but in less serious cases than where culpable homicide is a relevant charge?

Back 20

The Road Traffic Act 1988

Front 21

Which act covers corporate homicide?

Back 21

Corporate Manslaughter and Corporate Homicide Act 2007

Front 22

How may an organisation be guilty of the offence of corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007?

Back 22

S.1(1) - if in the way it is organised or managed causes a death or amounts to a gross breach of a relevant duty of care owed to the deceased.

Front 23

What is the standard of a gross breach of a duty of care in terms of corporate homicide?

Back 23

A breach of a duty that falls far below that which can be reasonable expected of the organisation in the circumstances.

Front 24

What is the definition of assault?

Back 24

Anattack on the person of another done with intent to cause personal injury, orintending to place another person in a state of fear or alarm for his/hersafety

Front 25

What is the actus reus of assault?

Back 25

An attack on the person of another

Front 26

For which crime is the actus reus 'An attack on the person of another'?

Back 26

Assault

Front 27

What is the mens rea of assault?

Back 27

'done with intent to cause personal injury, or intending to place another person in a state of fear or alarm for his/her safety'

Front 28

For which crime is the mens rea 'done with intent to cause personal injury, or intending to place another person in a state of fear or alarm for his/her safety'

Back 28

Assault

Front 29

What was held in John Roy 1839?

Back 29

An accused deliberately broke a window causing injury to a girl. In order for a charge of assault to be relevant there must be an intent to cause injury, causing injury without intent is not sufficient. One cannot be guilty of assault recklessly or negligently.

Front 30

Which case concerns an accused breaking a window, which then injured a girl on the other side and shows that assault must have an intention to cause injury and cannot be committed recklessly or negligently?

Back 30

John Roy 1839

Front 31

What was held in Smart v H.M. Advocate 1975?

Back 31

An accused agreed to have a 'square go' with another, and when charged argued assault was not a sufficient charge as the other had consented. It was held that consent was no defence to a charge of assault.

Front 32

Which case concerns a 'square go' and shows that consent is no defence to a charge of assault?

Back 32

Smart v H.M. Advocate 1975

Front 33

What was held in R v Brown 1994?

Back 33

A group of homosexual sadomasochists were charged with ABH [English]. It was held that consent was no defence as it was not in the public interest for one person to cause harm to another unless there was good reason for it, and in the court's eyes these activities were not seen as a good reason.

Front 34

Which case concerns consent to sadomasochistic activities being held as not being in the public interest to give rise to a defence against causing bodily harm?

Back 34

R v Brown 1994

Front 35

What was held in Stewart v Nisbet 2013?

Back 35

The appellant was a police officer who had wrapped Sellotape around a woman's head, believing in error to her having consented to the act. Mistaken belief as to consent was no defence to a charge of assault.

Front 36

Which case concerns mistaken belief as to consent to wrapping sellotape around a woman's head?

Back 36

Stewart v Nisbet 2013

Front 37

How may assault be aggravated?

Back 37

1. Assault with intent to rape

2. Assault to the danger of life

3. Assault to severe injury

4. Assault to permanent disfigurement

5. Assault to the permanent impairment of sight

6. Assault with a weapon

7. Hamesucken

Front 38

What was held in H.M. Advocate v Harris 1993?

Back 38

While assault requires an intent to cause injury or fear, recklessly causing injury is a crime.

Front 39

Which act covers sexual assault in Scotland?

Back 39

The Sexual Offences (Scotland) Act 2009

Front 40

Which act and section concerns rape in Scotland?

Back 40

The Sexual Offences (Scotland) Act 2009 S.1

Front 41

What crime is covered by the Sexual Offences (Scotland) Act 2009 S.1?

Back 41

Rape

Front 42

How is rape defined under the Sexual Offences (Scotland) Act 2009 S.1?

Back 42

If a person with his penis, without another person consenting and without any reasonable belief that they have consented penetrates to any extent, either intending to do so or recklessly as to whether there is penetration the vagina anus or mouth.

Front 43

What is covered by the Sexual Offences (Scotland) Act 2009 S.2?

Back 43

Sexual assault by penetration

Front 44

How is sexual assault by penetration defined and by which act and section?

Back 44

The Sexual Offences (Scotland) Act 2009 S.2.

If a person with any part of their body or anything else, without another consenting and without reasonable belief as to consent, penetrates sexually to any extent, either intending to do so or recklessly as to whether there is penetration, the vagina or anus of the other.

Front 45

Which crime is covered by the Sexual Offences (Scotland) Act 2009 S.3?

Back 45

Sexual assault

Front 46

Which act and section covers sexual assault, and how is it defined?

Back 46

The Sexual Offences (Scotland) Act 2009 S.3.

If a person, without another person consenting, and without any reasonable belief that they consent, does any of the things mentioned in subsection 2 then they have committed the offence of sexual assault.

Front 47

What actions amount to sexual assault under the Sexual Offences (Scotland) Act 2009 S.3 (2)?

Back 47

1.Penetrating sexually by any means and to any extent, either intending to do so or reckless as to whether there is penetration, the vagina anus or mouth of another.

2. Intentionally of recklessly touching another sexually

3. Engaging in any form of sexual activity in which the accused intentionally or recklessly has physical contact with another.

4. Intentionally or recklessly ejaculating semen onto another.

5. Intentionally or recklessly emitting urine or saliva onto another.

Front 48

Which act and section states the actions which amount to sexual assault?

Back 48

The Sexual Offences (Scotland) Act 2009 S.3 (2)

Front 49

What is stated by the Sexual Offences (Scotland) Act 2009 S.12?

Back 49

For the purposes of rape and sexual assault, consent means free agreement.

Front 50

In which circumstances may conduct take place without free agreement for the purposes of consent under the Sexual Offences (Scotland) Act 2009 S.13?

Back 50

1.Where the conduct occurs at a time when the victim is incapable because of the effect of alcohol or any other substance of consenting to it.

2. Where the victim agrees or submits to the conduct because of violence used against them or any other person, or because of threats of violence made against them or any other.

3. Where the victim submits to the conduct because they are unlawfully detained by the accused.

4. Where the victim agrees to the conduct because they are mistaken, as a result of a deception by the accused as to the nature or purpose of the conduct.

5. Where the victim submits to the conduct because the accused induces the victim to agree by impersonating a person known to the victim

6. Where the only expression or indication of agreement to the conduct is from a person other than the victim.

Front 51

Which act and section concerns the circumstances in which conduct takes place without free agreement in terms of sexual assault?

Back 51

The Sexual Offences (Scotland) Act 2009 S.13

Front 52

What is stated by the Sexual Offences (Scotland) Act 2009 S.14?

Back 52

A person is incapable, while asleep or unconscious of consenting to any conduct in terms of sexual assault.

Front 53

Which act and section states that while a person is asleep or unconscious they are unable to consent to any conduct in terms of sexual activity?

Back 53

The Sexual Offences (Scotland) Act 2009 S.14

Front 54

What is stated by the Sexual Offences (Scotland) Act 2009 S.15?

Back 54

1. Consent to conduct does not itself imply consent to any other conduct.

2. Consent to conduct may be withdrawn at any time before, or during the conduct.

3. If the conduct takes place, or continues to take place, after consent has been withdrawn, it takes place without consent.

Front 55

Which act and section concerns withdrawal of consent to sexual conduct?

Back 55

The Sexual Offences (Scotland) Act 2009 S.15

Front 56

What is stated by the Sexual Offences (Scotland) Act 2009 S.16?

Back 56

In determining, for the purposes of Part 1,whether a person’s belief as to consent or knowledge was reasonable, regard isto be had to whether the person took any steps to ascertain whether there wasconsent or, as the case may be, knowledge; and if so, to what those steps were

Front 57

Which act and section concerns whether a person's belief as to consent was reasonable in terms of sexual assault?

Back 57

The Sexual Offences (Scotland) Act 2009 S.16

Front 58

Which crime is covered by the Criminal law (Consolidation) (Scotland) Act 1995, s 1

Back 58

Incest

Front 59

Which type of family members would it be considered incest to have sexual relationships with for a man?

Back 59

1.Mother

2. Daughter

3. Grandmother

4. Grand Daughter

5. Sister

6. Aunt

7. Niece

8. Great Grandmother

9. Great Grand-daughter

Front 60

Which type of family members would it be considered incest to have sexual relationships with for a woman?

Back 60

1. Father

2. Son

3. Grandfather

4. Granson

5. Brother

6. Uncle

7. Nephew

8. Great Grandfather

9. Great Grandson