Other notes

Question 1

How many people are in a jury in Scotland?

Answer 1

15

Question 2

how many pieces of evidence is needed in Scotland?

Answer 2

Scotland needs two independent pieces of evidence to corroborate

Question 3

three forms of actus reus

Answer 3

1. state of affairs, 2. acts, 3. omissions

Question 4

what is a conduct crime

Answer 4

pure and simple

Question 5

result crimes

Answer 5

doesn’t matter how you committed the crime but the result

Question 6

exceptions to omissions

Answer 6

contracts of employment, statute, family relationships, creation of a dangerous situation

Question 7

what is the thin skull rule

Answer 7

take your victim as you find him/her

Question 8

what is needed to prosecute an attempt

Answer 8

accused must have gone from the preparation of the crime to the actual perpetration

Question 9

question of degree

Answer 9

if they have went from preparation to perpetration

Question 10

beyond recall

Answer 10

couldn’t undo it

Question 11

last act

Answer 11

last act necessary

Question 12

different areas of which conspiracy can occur

Answer 12

1. where a specific crime has been carried out
2. no criminal action, just conspiring to commit
3. crown is pushing for conspiring to commit rather than an attempt

Question 13

two types of culpable homicide

Answer 13

involuntary and voluntary

Question 14

two types of involuntary culpable homicide

Answer 14

unlawful act involuntary culpable homicide

lawful act involuntary culpable homicide

Question 15

what is unlawful act involuntary culpable homicide

Answer 15

behaviour directed at someone

Question 16

what is lawful act involuntary culpable homicide

Answer 16

can be understood as ‘accidental death’

Question 17

what turns murder to culpable homicide

Answer 17

provocation

Question 18

can you consent to being assaulted?

Answer 18

no

Question 19

in the Sexual Offences (Scotland) Act 2009 there is an overlap between section 1 and 2? what is this overlap and why does it exist?

Answer 19

deliberate overlap between sections as victim may not know what was used to penetrate them