Breach of the Peace Flashcards
What case sets out the modern definition of breach of the peace?
Smith v Donnelly
What is the actus reus of BotP?
Conduct severe enough to cause alarm to ordinary people AND threaten serious disturbance to the community
What is the mens rea of BotP?
No explicit requirement. Knowledge that conduct ran risk of causing alarm.
IF actus reus established the mens rea is established.
What case confirms that actual alarm is not required because the test is an objective one? (potential to cause alarm)
Montgomerie v PF Kilmarnock - staring at children trying to get them in van.
What case shows that the disturbance has to be a serious one?
Wotherspoon v PF Glasgow
What case shows that not all inappropriate behaviour is an offence? Also shows just because member of public thought it was alarming does not mean it meets objective test.
McConachie v Shanks
Which case states that the context of the disturbance is relevant? (in this case it didn’t make a difference)
Walls v Brown
What case shows that the presence of the police is not relevant to the level of disturbance?
Dyer v Hutchison
Which case overturned Young v Heatly
Harris v HMA
What did Harris v HMA state about BotP in private?
There must be a public element for a BotP charge. This is part of the Smith v Donnelly test.
What did Harris say in obiter about remarks?
They must have a realistic risk of discovery by third party
Which two cases show the varying assessments of ‘realistic risk of discovery’?
Thompson v MacPhail
McDougall v Dochree
Both in toilet cubilcles but one discovered by looking under toilet one by breaking down door.
Which case involving a public licensed taxi on public roads constituted breach of the peace?
Bowes v Frame
