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15 Cards in this Set
- Front
- Back
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James Cairns (1858) |
Spitting at another person |
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Charles Sweenie (1858) |
Cutting off hair |
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Kay v Allan (1978) |
Releasing dog to frighten kids (indirect assault) |
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Atkinson v HMA (1987) |
Assault by producing fear to life by wielding a knife during a robbery |
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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 |
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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 |
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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. |
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Kerr v HMA (1986) |
Assault by stabbing as there was no danger to life |
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Smart v HMA (1975) |
Agreed to fight each other but both convicted of assault. Intention was to injure so consent didn't matter |
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Lord Advocate's reference (No 2 of 1992) 1993 |
Evil intent necessary. Cannot be accidental, reckless or negligent |
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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 |
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Roberts v Hamilton (1989) |
Tried to punch another person but missed and hit someone else instead. Assault charge could be transferred. |
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Mens rea of an assault |
Evil intent. Accidental, reckless or negligent not enough |
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Actus reus of an assault |
An attack. No injury required. |
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Excuses for an assault |
Reasonable chastisement of children, consent, reasonable restraint and self defense. |
