Assault and domestic abuse

Question 1

What is the actus reus of assault and what is the authority for this?

Answer 1

Actus reus - an attack
Authority - Smart v HMA

Question 2

Can pointing a fake weapon at someone be considered an attack?

Answer 2

Yes - Gilmour v McLennan

Question 3

What is the authority for attacks producing fear?

Answer 3

Atkinson v HMA

Question 4

What is the authority for indirect attacks?

Answer 4

Kay v Allan

Question 5

What is the mens rea of assault?

Answer 5

LAR No2 1992 - ‘evil intention’ which just requires that it is not an accident

Question 6

Can intention be transferred?

Answer 6

Yes - Connor v Jessop

Question 7

Can there be a defence of consent used?

Answer 7

Smart v HMA - no you cannot consent to your own harm

Question 8

Reasonable restraint defence

Answer 8

Marchbank v Annan - reasonable restraint may be used by people such as police officers, prison wardens or nurses etc

Question 9

Statutory aggravations

Answer 9

Hate Crime and Public order act 2021- based on certain characteristics
Abusive and sexual harm act 2016 - when done by partner/ex-partner if it was intended to cause physical or psychological harm

Question 10

What section is the actus reus and mens rea of domestic abuse found?

Answer 10

S1 of DASA 2018

Question 11

What section defines abusive behaviour?

Answer 11

Section 2 of DASA 2018

Question 12

What section sets out defences?

Answer 12

Section 6

Question 13

What is the aggravation where an offence involved the abuse of a partner or ex-partner

Answer 13

Abusive behaviour and sexual offences act 2016