Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
16 Cards in this Set
- Front
- Back
|
Assault |
“a deliberate attackupon the person of another which may be aggravated” |
|
|
DavidKeay (1837) 1 Swin. 543 |
The victim had been riding a pony when the accused had whipped it causing it to throw the boy off and trample him with his hoof. Was held to be assault even though the accused had not specifically carried out the attack, he had just caused it to happen. |
|
|
RachelGibson (1845) 2 Broun 366 |
Established that aggression was needed for assault. Accused posted a baby by parcel. Was not held as assault because there was no aggression. |
|
|
CharlesCostello (1884) 4 Coup 602 |
Established that any threat of attack had to be immediate. Accused sent a box of gunpowder in the post with the hope that when the victim opened it it would explode. Was not assault as the violence was not immediate. |
|
|
LordAdvocate’s Reference (No.2 of 1992) 1992 SLT 460 |
Accused had gone into a shop with a mask and realistic water gun. Had seemed to be robbing shop but had passed it off as joke. This reference made clear that even if it was a joke the intention to cause fear or alarm through physical actions was still assault. |
|
|
Campbell v HM Advocate 1986 SCCR 516. |
Shows how little physical conduct needs to take place for assault. Accused was found guilty of assault for shaking his fist in another mans face. |
|
|
Smart–v- HM Advocate 1975 JC 30 |
Accused and victim had agreed to a 'square go'. When the accused was brought up for assault he said consent could be a defence, it was decided it could not. Also important as it defines the essence of assault as 'wicked intent'. |
|
|
What are the aggravations for assault? |
1. Place of attack 2. Mode of attack 3. Results of attack 4. Factors relating to accused 5. Factors relating to victim |
|
|
In what three situations is chastisement always criminal? |
1. A blow to the head 2. Shaking 3. The use of an implement |
|
|
What are the three requirements that must be met before self defence can be used as a complete defence for assault? |
1.Thesubject should be in immediate danger 2.There should be no reasonable means of escape 3.The response should be proportionate |
|
|
Owens v HM Advocate 1946 JC 119 |
Accused had believed that victim was coming at him with knife after an argument they had had. Accused stabbed victim with a knife he had stashed under his pillow. This was held to be an error of fact and accused was granted the defence of self defence as he had believed that he had to defend himself. |
|
|
What are the 4 conditions that must be met before provocation can be used as a partial defence for assault? |
1.Assault must be immediate 2.Loss of control by accused 3.Situation where an ordinary personmight lose control 4.Proportionate response |
|
|
Culpable and reckless injury |
Any culpable and reckless behaviour resulting in injury. |
|
|
Khaliq v HM Advocate 1984 JC 23 |
Accused had been selling glue sniffing kits to local children. Tried to say he had just sold them it and not forced them to use it. This defence was quashed and he was successfully charged with culpable and reckless injury. |
|
|
Culpable and reckless endangerment |
Cases in which injury has not been caused by the culpable and reckless behaviour that would be seen in culpable and reckless injury |
|
|
MacPhail v Clark 1983 SLT (Sh. Ct.) 37 |
Accused had set fire to his crop to prepare the field for the next year. The smoke from the fire had seriously reduced visibility on the dual carriageway next to him. Although no injury was caused he was successfully charged with culpable and reckless endangerment. |
