Lesson 2 - Crimes of Violence Flashcards
1
Q
What must be present for a charge of assault?
A
- Criminal Intent (Mens Rea)
- Criminal Action (Actus Rea)
2
Q
What is the Doctrine of Transferred Intent?
A
Where A intends to assault B and strikes C instead, he is guilty of assaulting C by the application of the doctrine of transferred intent
3
Q
What are the different categories of assault?
A
- Direct
- Indirect
- Menaces
4
Q
Name the different ways an assault may be aggravated by various factors
A
- Danger to victim
- Intent
- Mode of perpetration
- Persons character
- Locus of assault
- Extent of injury
- Hate
5
Q
How may an assault be justifiable?
A
- Under the authority of the law, or
- In self-defence
- This could include the prevention of a crime and during a detention or arrest of a person
- In all cases, the force used must be the minimum necessary to achieve a satisfactory outcome
- In sport, assault is justifiable as long as it is within the rules of that sport e.g. boxing
6
Q
Name the Statutory Examples of Assault
A
- S90 of the Police Fire and Reform (Scotland) Act 2012
- S1 of the Emergency Workers (Scotland) Act 2005
7
Q
Name another form of Assault?
A
Culpable and Reckless Conduct
