Assault Flashcards
What are the definitions of an assault?
An attack upon another with the intention of injuring that person
OR
producing the fear of immediate injury in that persons mind
What is the acts reus of assault?
Deliberate attack on another and if no injury then there must be evidence of intention to injure
What are the types of injuries in assault?
Bodily harm is usual result of assault and can be direct or indirect.
Is physical injury necessary in an assault?
NO, physical injury is not a pre requisite for assault
What case shows that physical injury is not necessary for an assault?
Hynd v McGlennan 2000
Shows that spitting in someones face is an assault
Which case shows that fear of injury can constitute an assault?
Gilmour v McGlennan 1993
Deliberate act on appellant as he presented a toy gun and his threatening gestures produced fear and alarm in the complainer. If a weapon is pointed at another even if the accused knows he can’t harm the person with it it constitutes an assault
What case showed that intention to inure is a critical factor in determining the criminal liability for injury?
Kay v Allan
Assault by setting dog on two children and assault constituted by establishing the intention to use. the dog to frighten a person. He had to cause the dog in some way to move at the victims with the intention of the dog frightening the victim
Does injury have to be a direct consequence of the assault and what is the case authority for this?
YES
Dennie v HMA
Injuries sustained while complainer was being assaulted and were a direct consequence of the assault
What was classed as evidence if there. were. no witnesses to the assault?
Dewar v HMA
Sounds consistent with assault, complainers distress, red marks
What is the criminal liability of an accident?
There no criminal responsibility for an accident
Mackenzie v HMA
What makes an assault aggravated?
Use of a weapon
Causing severe injury or danger to life
Domestic abuse
What cases constitute a danger to life?
Kerr v HMA
Medical evidence showed. that victims life had not been put at risk however a danger to life could be inferred from the actions of the assault.
What is the mens Rea of assault?
Evil intention is the essence of an assault by
- intention of injuring that person
- producing fear of immediate injury in that persons mind
What case is authority for the mens Rea of assault?
Smart v HMA
Shows that evil intent means intent to injure and do bodily harm
What did the Lord Advocates Reference (No 2 of 1992) show?
Charge of robbery
showed evil intention is the core of assault and that assault cannot be committed accidentally, recklessly or negligently
Why must there be evil intent to constitute an assault?
Distinguishes assault from other actions - where forced is used but there is no evil intention there can be no assault
eg. sports, police arresting suspects, medical staff dealing with violent patients
What case shows that intent can be transferred?
Connor v Jessop
Glass thrown but missed intended victim but hit someone else
Accused had intent to injure even although it was not directed at victim and therefore mens Rea transferred to 3rd party
What can be types of justifiable assault?
Reasonable chastisement
Reasonable restraint
Self defence
What happened in the case Peebles v MacPhail?
Slapped her child of two years old in the face and knocked him over
Described as an act as remote from reasonable chastisement as one could possible imagine
What are cases that show that consent does not prevent accuse being half guilty of assault?
Smart v HMa
Parties agreed to fight however was still an assault
What is reasonable restraint?
May be available to police officers, prison officers etc
If not reasonable it will constitute an assault
What happened in the case Marchbank v Annan?
Police officer went beyond the limits of force that were acceptable in arrest
Guilty of assault
