Part 3 - Murder And Homocide Flashcards
Drury v HM Advocate
WICKED INTENT NEEDED TO KILL
provocation reducing murder to (voluntary) culpable homocide
Man killed partner in law with a hammer after discovering her affair
Actus reus of murder
CAUSING DEATH OF ANOTHER HUMAN BEING
Mens rea of murder
HAVING A WICKED INTENT TO KILL provocation
HM Advocate v Purcell
WICKED RECKLESNESS
Man ran over and killed 10 year old boy
Dangerously driving, overtook cars stopped at red lights hit the boy crossing the road
Court ruled he had no intention to harm in appeal
Charges reduced to culpable homocide
Petto v HM Advocate 2011
FORESIGHT OF CONSEQUENCES IS = TO INTENT TO KILL
Accused stabbed a man, convicted of culpable homocide
Disposing of body that was set on fire, a woman in another flat was killed by this
Petto argued he did not know she was there ie no intent to kill
Court rejected, concluding wilful fire raising in urban tenements provides enough reckless intent for crime of murder
HM Advocate v Robertson and Donoghue (1945)
UNLAWFUL ACT, INVOLUNTARY CULPABLE HOMOCIDE
Men robbed store, had a struggle with elderly owner
Owner had weak heart and died of a heart attack
But for test found actions of accused material to death
Tomney v HM Advocate 2012
LAWFUL ACT, INVOLUNTARY CULPABLE HOMOCIDE
Accused, deceased and third party drunk and high in living room (sounds gid)
Pistol inadvertently pointed at deceased when accused in som way put pressure on trigger
Was agreed he was culpable through recklessness, was not wicked
Transco plc v HM Advocate
CHARGE OF CULPABLE HOMOCIDE AGAINST A COMPANY
Transco was a gas company
Explosion where family of four was killed from gas company
Transco argued as a company they had no mens rea, or individual actus reus
Identification principle where one person, specifically management,
Company charged with culpable homocide
What are the three types of road traffic homocide
Causing death by dangerous driving
Causing death by driving under the influence
Causing death by unlicensed, disqualified or uninsured
Assault actus reus
Men’s rea
Attack on the physical person of another,
Doing so deliberately
John Roy 1839 Bells notes
No charge for a non deliberate attack
Smart v HM Advocate
Consent is no defence for assault
R v Brown 1994
Sado masochism no defence for assault
New 2025 assault case
Evil intent in mens Rea
What act banned hitting your kids
Children (equal protection from assault) Scotland act 2019
What case is on reckless endangerment
Hm Advocate v Harris 1993
Assault requires intent but causing real injury by reckless conduct is a crime
What act covers rape
Sexual offences Scotland act 2009
What act covers incest
Criminal law (consolidation) (Scotland) act 2009
