Offences Which Threaten Or Harm Bodily Integrity Flashcards
The means rea of murder is…
Wicked intent to kill, or wicked recklessness
Intentionally causing someone’s death would ordinarily be murder, but the accused could instead be found guilty of culpable homicide if…
- the accused was provoked into killing
- the accused was suffering from diminished responsibility at the time of the killing
Jonathan punches Archie’s nose. Archive falls backwards, hits his head on a lamp-post and dies as a result. Jonathan has committed …
Unlawful act involuntary culpable homicide
Jim gives Kathy some heroine. Kathy injects the Herron into her arm and dies as a result. Jim could be charged with …
Unlawful act involuntary culpable homicide
Martha is spray painting a bus shelter with paint, in an act of vandalism. Some paint goes in Joseph’s eye - he was standing behind the shelter and Martha did not see him. Is Martha guilty of assaulting him?
No
Abdullah assaults Pedro when Pedro is at Abdullah’s house, having dinner with him. This could be charged as the aggravated assault of hamesucken.
True or False?
False
Chelsea is charged with assaulting Diana by breaking her arm in a fight outside a pub, but Diana consented to fight with Chelsea.
What could Chelsea be charged with?
Assaulting Diana since consent is no defence.
The crime of corporate manslaughter can be charged in Scotland.
True or False?
False
Voluntary culpable homicide has the same actus reus as involuntary culpable homicide.
True or False?
True
What is Drury v HM Advocate a leading case on?
Provocation