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15 Cards in this Set

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  • Back

James Cairns (1858)

Spitting at another person

Charles Sweenie (1858)

Cutting off hair

Kay v Allan (1978)

Releasing dog to frighten kids (indirect assault)

Atkinson v HMA (1987)

Assault by producing fear to life by wielding a knife during a robbery

Gilmour v McGlennan (1993)

Attempted robbery with a toy gun, claiming it was a joke but caused fear of immediate injury and convicted of assault

Mackenzie v HMA (1983)

During a struggle grabbed a knife and killed the other person. Convicted of culpable homicide but appealed and reduced to assault as no intention to kill

Jane Smith or Thom (1876)

Threw her baby out of a moving train. Baby survived but she had caused danger of life so convicted of assault, not attempted murder.

Kerr v HMA (1986)

Assault by stabbing as there was no danger to life

Smart v HMA (1975)

Agreed to fight each other but both convicted of assault. Intention was to injure so consent didn't matter

Lord Advocate's reference (No 2 of 1992) 1993

Evil intent necessary. Cannot be accidental, reckless or negligent

Connor v Jessop (1988)

During a fight threw a glass but missed the original target and hit an innocent woman instead. Charge of assault could be transferred even though he didn't mean to hit the woman

Roberts v Hamilton (1989)

Tried to punch another person but missed and hit someone else instead. Assault charge could be transferred.

Mens rea of an assault

Evil intent. Accidental, reckless or negligent not enough

Actus reus of an assault

An attack. No injury required.

Excuses for an assault

Reasonable chastisement of children, consent, reasonable restraint and self defense.