Assault Flashcards

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1
Q

what is the definition of an assault

A
  • ‘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
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2
Q

Actus Reus of Assault

A
  • Deliberate attack on another, usually a hostile act
  • Every attack upon another person is an assault, whether it injures or not
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3
Q

what is the usual result of an assault and what attack may it be

A
  • usual result is bodily harm
  • may be a direct or indirect attack
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4
Q

what was confirmed in Hynd v McGlennan 2000

A

spitting in someone’s face is an assault

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5
Q

what may constitute as an assault

A

fear of injury

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6
Q

case facts of Gilmour v McGlennan 1993

A
  • 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
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7
Q

what is a critical factor when determining assault

A

the intention to injure

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8
Q

case facts of Kay v Allan 1978

A
  • 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
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9
Q

what must happen if injury is caused by the assault

A

there must be a direct causal link between injury and assault

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10
Q

case facts of Dennie v HMA 2018

A
  • 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
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11
Q

case facts of Mackenzie v HMA 1983 (Assault or accident)

A
  • 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
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12
Q

examples of how aggravation may make the crime more serious

A
  • Use of weapon
  • To severe injury
  • To the danger of life
  • Domestic abuse
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13
Q

how may courts infer intention to injure

A

from the actions of the accused

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14
Q

case facts of Kerr v HMA 1986

A
  • Medical evidence suggested victim’s life had not been put at risk
  • ‘danger to life’ can be inferred from the actions of the assault
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15
Q

what does the mens rea require

A

some demonstration of ‘evil intent’

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16
Q

what are the two forms of demonstration of evil intent in the mens rea

A
  1. Intention of injuring that person
  2. Or producing the fear of immediate injury in that person’s mind
17
Q

what was held in Smart v HMA 1975 in regards to evil intent

A

evil intent means intent to injure and do bodily harm

18
Q

case facts of Lord Advocate’s Refrenece (No.2 of 1992) 1993

A
  • Charge of robbery, theft with assault
  • Evil intention is the core of assault
  • Assault can’t be committed accidentally, recklessly or negligently
    ‘evil’ element will emphasise the ‘intent’ and distinguish it from an accident, recklessness and negligence
  • Not necessary to look for evil in the mens rea, merely evil intent
19
Q

what are some examples of distinguishing assault from other actions (force being used with no evil intent)

A
  • sports
  • police arresting suspects
20
Q

case for intent may be transferred and facts

A
  • Connor v Jessop
  • Glass thrown missed the intended victim but hit someone else
    Accused had an intention to injure even though it was not directed at victim
  • Mens rea for assault transferred to the 3rd party
21
Q

what are the potential defences to a charge of assault

A
  • consent
  • reasonable restraint
22
Q

briefly explain the defence of consent

A
  • isn’t regularly a justifiable assault
  • Consent may be relevant in some circumstances – each case should be decided on its own facts
23
Q

case examples of the defence of consent

A
  • R v Brown 1994
  • Smart v HMA 1975
24
Q

case facts for R v Brown 1994

A

consent to assault was no defence, at ECHR it was held there was no violation of Art 8, state is allowed to makes decision on matters which cause physical harm

25
Q

briefly explain the defence of Reasonable restraint

A
  • May be available to the police
  • Must be reasonable, if not, it will constitute as assault
  • Must establish the necessary mens rea for assault
26
Q

case facts of Marchbank v Annan 1987 (reasonable restraint)

A
  • Police officer went beyond the limits of force that were acceptable in arrest
  • Guilty of assault
27
Q

in which case did the defence of reasonable restraint satisfy + facts

A
  • Wightman v Lees 1999
  • Common sense had to apply
  • Restraint to effect a citizen’s arrest was justifiable
  • Self-defence
28
Q

case for offence of Indecent Assault + facts

A
  • Hussain v Houston 1995
  • Accused was convicted of indecent assault during medical examinations
    Appealed using the defence there was consent
  • Held no consent had been given to the nature of the examination carried out