Assault Flashcards
What is significant about the charge of assault in Scotland compared to EW?
There is only one crime of assault so it covers broad range of categories.
What can aggravate assault? (5)
- use of specified weapon
- assualt to severe injury
- assault to danger of life
- assault in vicitms home
- assault with intention to commit further crime
What is the actus reus of assault?
Attacking another person with the immediate intention of causing real injury, or of producing fear of real injury
What case of spitting does not fit neatly into this definition but is accepted as an exception?
James Cairns
Which case states that pointing a fake weapon at someone is assault? Fits into the ‘fear’ element
Gilmour v McGlennan
What is the mens rea of assault?
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.
What case suggests deliberate and evil mean the same thing?
McDonald
What case said that evil is not necessary (by majority of one)?
Lord Advocates Ref (2 of 19992).
Why is ‘evil’ useful term?
Means sportspersons, police officers etc dont have mens rea.
Which case shows that intent can be transferred if you hit someone else when you miss intended target?
Connor v Jessop
What case stated that consent is not a defence for assault?
Smart
Which English case held that consent was relevant and could be acceptable defence?
R v Wilson (branding initials)
Which case states that police cannot go beyond reasonable restraint?
Marchbank v Annan
Which case shows that teachers cannot use more than reasonable force?
Barlie v Griffiths
Which case states that you can be charged for assault if you set your dog one someone?
Kay v Allan
