Assault

Question 1

What is significant about the charge of assault in Scotland compared to EW?

Answer 1

There is only one crime of assault so it covers broad range of categories.

Question 2

What can aggravate assault? (5)

Answer 2

• use of specified weapon
• assualt to severe injury
• assault to danger of life
• assault in vicitms home
• assault with intention to commit further crime

Question 3

What is the actus reus of assault?

Answer 3

Attacking another person with the immediate intention of causing real injury, or of producing fear of real injury

Question 4

What case of spitting does not fit neatly into this definition but is accepted as an exception?

Answer 4

James Cairns

Question 5

Which case states that pointing a fake weapon at someone is assault? Fits into the ‘fear’ element

Answer 5

Gilmour v McGlennan

Question 6

What is the mens rea of assault?

Answer 6

Clear that it is intention in some regard. May be evil intent which is useful in some regards. Can be intention to cause bodily harm or intention to place someone in fear.

Question 7

What case suggests deliberate and evil mean the same thing?

Answer 7

McDonald

Question 8

What case said that evil is not necessary (by majority of one)?

Answer 8

Lord Advocates Ref (2 of 19992).

Question 9

Why is ‘evil’ useful term?

Answer 9

Means sportspersons, police officers etc dont have mens rea.

Question 10

Which case shows that intent can be transferred if you hit someone else when you miss intended target?

Answer 10

Connor v Jessop

Question 11

What case stated that consent is not a defence for assault?

Answer 11

Smart

Question 12

Which English case held that consent was relevant and could be acceptable defence?

Answer 12

R v Wilson (branding initials)

Question 13

Which case states that police cannot go beyond reasonable restraint?

Answer 13

Marchbank v Annan

Question 14

Which case shows that teachers cannot use more than reasonable force?

Answer 14

Barlie v Griffiths

Question 15

Which case states that you can be charged for assault if you set your dog one someone?

Answer 15

Kay v Allan

Question 16

Which case is authority that endangering life is aggravated assault?

Answer 16

Peter Leys

Question 17

What is evil intent?

Answer 17

That is the intent to injure and do bodily harm

Question 18

What does the case of Mcdonald suggest?

Answer 18

That the intention to cause pain in sexual context is consented to might not amount to assault. Difference between intending to cause pain and intending to injure.

Question 19

What english case states that you cannot consent to bodily harm even if it is consented?

Answer 19

R v Brown