Offences of reckless injury and endangerment

Question 1

What are the actus reus and mens rea of reckless injury?

Answer 1

Actus reus = causing injury to another.
(Not necessary to show that conduct put the public in danger - HMA v Harris 1993 JC 150).
Mens rea = recklessness, utter disregard for consequences of one’s actions (W v HMA 1982 SLT 420).

Question 2

What are the actus reus and mens rea of reckless endangerment?

Answer 2

It is a crime to recklessly endanger the public (Normand v Robinson 1994 SLT 558).
Actus reus = endangerment of the public.
Mens rea = recklessness.

Question 3

When looking at reckless endangerment when actual injury is caused, what is the authority?

Answer 3

Reynolds v Lockhart (1977) 41 J Crim L 57.

Question 4

Reckless endangerment: possession of sharp objects.

Answer 4

• Denying possession, thus putting the searcher in danger: Donaldson v Normand 1977 JC 200.
• Refusing to answer question as to possession: Mallin v Clark 2002 SLT 1202.

Question 5

What is the special offence of reckless discharge of firearms?

Answer 5

Essentially a form of reckless injury or reckless endangerment (Gizzi v Tudhope 1983 SLT 214).
Mens rea is again, utter disregard for the consequences (Cameron v Maguire 1999 JC 63).

Question 6

What is the special offence of reckless administration of harmful substances?

Answer 6

See Robert Brown and John Lawson (1842) 1 Broun 415.