Culpable and Reckless Conduct

Question 1

What are acts of culpable and reckless conduct?

Answer 1

Either. cause injury to others or create a risk of injury

Question 2

Does the conduct require proof of injury?

Answer 2

NO

Must display a high degree of recklessness or indifferent of potential consequences

Question 3

What are the two general offences of culpable and reckless conduct?

Answer 3

1. Reckless injury

2. Reckless endangerment

Question 4

What is the actus reus of reckless injury?

Answer 4

Reckless conduct which causes actual injury and must be a casual link between conduct and injury

Question 5

Whats the difference between reckless injury and assault?

Answer 5

Reckless behaviour is a crime of risk taking whereas assault is a crime of evil intent
Reckless injury is unintentional whereas assault cannot be committed carelessly, recklessly or negligently

Question 6

What are the two approaches the courts use to determine the offence?

Answer 6

Objective approach - reasonable man

Subjective approach - what did the accused intend OR what did the accuse foresee

Question 7

What is the case authority for reckless injury?

Answer 7

HMA v Harris
Pushed complainer and she fell down stairs onto a road and struck by a motor vehicle
had a charge of assault to severe injury and a charge of culpable wilfuly and recklessly seized hold of complainer

Question 8

What is needed to determine the degree of recklessness?

Answer 8

High level of evidence
RHW v HMA
Dropping bottle out of window of 15 floor flat and severely injured a pedestrian
Utter disregard of what the consequences of the act in question may be

Question 9

What is the actus reus of reckless endangerment?

Answer 9

Recklessly endangering the safety of the public

Injury not necessary but behaviour must be objectively dangerous to others

Question 10

What case showed reckless endangerment?

Answer 10

Normand v Robinson
Accused organised a rave in a derelict building and it caught fire.
Charged of reckless endangerment was satisfied

Question 11

What case shows that self intoxication is not a defence to reckless endangerment?

Answer 11

Donaldson v Normand
Accused denied knowing he had a needle in his sock but as loss of memory was due to self induced intoxication there was no defence

Question 12

What are the three specific offences of culpable and reckless conduct?

Answer 12

Culpable and reckless discharge of firearms, Culpable and reckless administration of harmful substances and Culpable and reckless supply of harmful substances

Question 13

What are the cases for culpable and reckless discharge of firearms?

Answer 13

Gizzi v Tudhope

reckless discharge of firearms

Question 14

What are the cases for culpable and reckless administration of harmful substances?

Answer 14

Robert Brown & John Lawson

Child was given whisky and drank voluntarily but lack of Force was irrelevant

Question 15

What are the cases for culpable and reckless supply of harmful substances?

Answer 15

Khaliq v HMA

Selling glue sniffing kits to children and voluntary inhalation did not absolve the seller from liability for injury

Question 16

What does the Lord Advocates Reference (No 1 of 1994) show about a casual link?

Answer 16

Casual link was not broken by the voluntary act by the act