Part 5 - Public Offences

Question 1

Perjury
Actus reus

Answer 1

Giving evidence which one knows to be false

Question 2

Subornation of perjury
Actus reus

Answer 2

Inducing someone to commit perjury

Question 3

Breach of the peace Actus
Actus reus
Men’s Rea

Answer 3

Behaviour which is severe enough for cause alarm to ordinary people and threaten serious disturbance to the community Accused intentionally
Where the accused intentionally does the act which causes or has the potential to cause a public disturbance

Question 4

Smith v Donnelly 2001

Answer 4

To constitute the crime is conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community
Where accused argued charge of breach of the peace to not align with echr

Question 5

Jones v Carnegie 2004

Answer 5

Appeals of breach of the peace convictions, argued they do not align with article 10 and 11 of echr
Court did not allow appeals, rights were subject to legal prescription where necessary for society

Question 6

Harris v Hm advocate 2009

Answer 6

CONDUCT MUST AFFECT PUBLIC PEACE
Harris charged with breach after telling police officer he knew info about family
Statements made in private between two cannot constitute breach
Court held public order offences must affect communities not individuals

Question 7

Stalking
Actus reus -
Men’s Rea -

Answer 7

Conduct must have occurred on more than 1 occasion, broad activity, any manner which any reasonable person would suffer fear or alarm from
Accused must have intended to cause complainer harm, or ought to have known that their conduct would cause fear or alarm

Question 8

Defence for stalking

Answer 8

To show conduct was on virtue of an enactment or rule of law, for purposes of preventing or detecting crime, or was reasonable in particular circumstances

Question 9

Perjury
Actus reus -

Answer 9

Giving evidence which one knows to be false

Question 10

Subornation of perjury
Actus Reus -

Answer 10

Inducing someone to commit perjury

Question 11

Breach of the peace
Actus reus -
Men’s Rea -

Answer 11

Behaviour which is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community
Accused intentionally does the act which causes or has the potential to cause public disturbance

Question 12

Smith v Donelly 2001

Answer 12

To constitute the crime is conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community
Where accused argued their charge of breach of the peace is too vague to align with echr

Question 13

Jones v Carnegie 2004

Answer 13

Further interaction between breach of peace and echr
Convictions were held lawful, rights subject to legal prescription where is necessary for society

Question 14

Harris v HM advocate 2009

Answer 14

Conduct must affect public peace
Man told police officer he knew info about their family, charged with breach of peace
On statement made to another in private cannot be breach of the peace
Court held public order offences must affect communities not individuals