Assault Flashcards
what is the definition of an assault
- ‘an attack upon another with the intention of injuring that person OR producing the fear of immediate injury in that person’s mind’
- must be a personal attack
Actus Reus of Assault
- Deliberate attack on another, usually a hostile act
- Every attack upon another person is an assault, whether it injures or not
what is the usual result of an assault and what attack may it be
- usual result is bodily harm
- may be a direct or indirect attack
what was confirmed in Hynd v McGlennan 2000
spitting in someone’s face is an assault
what may constitute as an assault
fear of injury
case facts of Gilmour v McGlennan 1993
- Deliberate act on the part of the appellant in presenting the toy gun
- His actions included threatening gestures which produced fear and alarm in the complainer
- If a weapon/ firearm is pointed at another that is an assault, even if the accused knows he can’t cause harm with it
what is a critical factor when determining assault
the intention to injure
case facts of Kay v Allan 1978
- Assault by setting a dog on 2 children
- Assault is constituted by establishing the intention to use the dog to frighten a person
- To be guilty, the accused had to cause the dog in some way to move at the alleged victim with the intention that the dog, in so moving, would at least frighten the victim
what must happen if injury is caused by the assault
there must be a direct causal link between injury and assault
case facts of Dennie v HMA 2018
- Evidence established the accused had attacked the complainer
- Accused challenged the conviction on basis that injuries sustained by the complainer were not the direct result of the assault
- Rejected on appeal
- Injuries sustained were a direct consequence of the assault – clear link
- The evidence was clear, injuries were sustained while the complainer was being assaulted and were a direct consequence of the assault
case facts of Mackenzie v HMA 1983 (Assault or accident)
- Accused convicted of one charge of assault and one of culpable homicide
- Conviction overturned on appeal
- Court assessed the circumstantial evidence
- The accused didn’t intentionally strike the victim with the knife – it was an accident
- No criminal responsibility for an accident
examples of how aggravation may make the crime more serious
- Use of weapon
- To severe injury
- To the danger of life
- Domestic abuse
how may courts infer intention to injure
from the actions of the accused
case facts of Kerr v HMA 1986
- Medical evidence suggested victim’s life had not been put at risk
- ‘danger to life’ can be inferred from the actions of the assault
what does the mens rea require
some demonstration of ‘evil intent’