Oral Exam Practice Paper #1 Flashcards
Define: Murder
- A crime at common law when a person kills another without necessary cause and there is either:
- an intention to kill, or
- a wilful act so reckless as to show utter disregard for the consequences
1 pt per bullet point
During an argument Michael pushes Stevie to the ground. Stevie accidentally strikes his head on the footpath and is fatally injured. What crime has Michael committed?
Culpable Homicide
Justify your answer.
- The initial assault was unlawful
- However, as there was no intention to kill
- the guilt is less than murder.
Define Section 56 of the Civi Government (Scotland) Act 1982 (Fireraising)
Creates an offence for any person to lay or light a fire in any public place so as to:
- cause any danger
- to persons or property, or
- give reasonable cause for alarm or annoyance
Sean owns a snack van, he is struggling financially due to the impact of the coronavirus. He sets fire to his van and subsequently claims for compensation through his insurance. What crime should Sean be charged with?
Fraud.
Explain why Sean should be charged with Fraud as opposed to Wilful Fireraising.
- He intended to defraud the insurance company
- He has wilfully set fire to ‘any form of property’ in this case his van
- The wilful fireraising is the Modu Operandi of the fraud i.e. part of the evidence of the crime of fraud.
Section 38 of The Criminal Justice and Licensing (Scotland) Act 2010
deals with threatening or abusive behaviour.
Define the offence under this section.
- It is an offence for any
person to behave in a
threatening or abusive
manner - Where the behaviour is
likely to cause a
reasonable person to
suffer fear or alarm and - The person behaving in
such a manner intends
the behaviour to cause
fear or alarm or is
reckless as to whether
the behaviour would
cause fear or alarm
Phil and Grant have fallen out. As an act of revenge Phil phones Grant and tells him that his wife has been involved in a car accident. On finding this not to be the case, Grant contacts the police to complain about Phil’s
behaviour.
What offence would be most appropriate in dealing with these
circumstances?
Section 127 Communications
Act 2003 (sending a false
message via a public
communications network)
Justify your answer by explaining why this offence is applicable to these
circumstances.
- For the purpose of
causing annoyance,
inconvenience or
needless anxiety - Smith sent by means
of a public
communications
network - A message that he
knew to be false.
The first time a summary case is called in court is known as the Pleading Diet, i.e. the accused is given an opportunity to plead guilty or not guilty.
In what three ways can an accused tender their plea?
- The accused may appear
personally and speak on his or
her own account. - The accused may tender his or
her plea in a letter to the court. - The accused may be
represented in court by a
lawyer who will enter a plea on
his or her behalf
Hamilton appears on undertaking for an assault. He pleads not guilty and is granted bail. Dates are set for the Intermediate Diet and the Trial Diet.
A witness is unsure of what happens next and asks you for advice on whether they will need to attend court on either of these dates.
How do you advise the witness specifically in relation to the Trial Diet?
- Tell them they must attend
(if cited)
The witness is confused and asks the purpose of the Intermediate Diet.
How do you explain this?
- The purpose of the
intermediate diet is to check
whether or not the trial will
be ready to go ahead on the
date that is currently fixed. - The intermediate diet is also
used to check whether or not
there is any evidence that is
capable of agreement. - The accused person may
plead guilty at the
intermediate diet, meaning
that the later trial can be
cancelled.
You have powers under Section 61 of the Crime and Punishment (Scotland) Act 1997 to deal with persons under the age of 18 years who are in possession of alcohol in public places. What are your powers?
- Require the personto surrender that liquor to you
- Dispose of the alcohol in such a
manner as considered appropriate - Require that person to provide their name and address
You and a colleague observe a mixed group of adults and youths who are under 18 drinking from bottles of cider. The group go into a derelict building and close the door. What action can you now take in respect of the men and youths who have gone into the building?
- Enter the derelict building
(confiscate the alcohol)
In terms of the act explain why you can enter a derelict building and from whom can you confiscate the alcohol and why?
- Public place includes any place to which the public do not have access but have unlawfully gained
access. - You can confiscate the alcohol from the youths
- This extends to persons over 18
years where it is suspected that the alcohol is or has been intended for consumption by people under 18 years.
According to your lesson notes, there are in general three broad categories that deaths fall into. What are they?
- Medical death
- Unexplained medical death
- Police reportable death
A deceased male, who appears to have been sleeping rough has been found. The male is in his twenties, but does not have any identification.
His face is bruised and has traces of blood staining. There is also a
discarded syringe lying next to the body. What category of death would this fall into?
Police Reportable
Death / Drugs Death /
Suspicious
What factors from the scenario described make this a Police Reportable Death?
- Suspicious Death – i.e. young
male, bruising, blood staining - Drugs Misuse
- Identity of deceased is unknown
In terms of the Road Traffic Act 1988 Section 5, Drink Driving Offences, what are the prescribed limits, including the units, in force for breath, blood and urine?
- Breath = 22 micrograms
of alcohol in 100 millilitres of breath - Blood = 50 milligrams of alcohol in 100 millilitres of blood
- Urine = 67 milligrams of alcohol in 100 millilitres of urine
A witness reports seeing Barlow drive out of the pub car park striking another car causing damage to both vehicles. You are instructed to attend at his home
address and on arrival find his damaged vehicle is already parked in the driveway. Barlow refuses you entry.
Ignoring any reference to Section 172 requirements, what do you do next?
Enter (using force if
necessary)
With particular reference to the Lord Advocate’s Guidelines under Section 6 of the Road Traffic Act 1988, justify your actions.
- In cases involving a road traffic collision, it is permissible to force entry to the premises
- To obtain and preserve evidence
- If it is in the interests of justice to do so
Define the term “Motor vehicle”.
- A mechanically propelled vehicle
- Intended or adapted
- for use on the roads
You stop a vehicle as you have observed the driver using their mobile phone. The driver produces their driving licence which already has ten points on it, all gained within the last two years. What action would you take in respect of issuing a Conditional Offer of Fixed Penalty regarding this offence?
- Do not issue a Conditional
Offer of Fixed Penalty
(accept SPR)
Explain why you would not issue a conditional offer to this motorist, and explain what action you should take.
- The motorist is not eligible to receive a conditional offer
- The number of penalty points
currently on the licence would
render the motorist liable to disqualification - Then the offender should be reported to the Procurator Fiscal
