Threatening and Abusive Behaviour Flashcards
1
Q
Where can you find the statue on TaAB
A
Criminal Jusitce and Licensing (Scotland) Act 2010 Section 38.
2
Q
What is the actus reus?
A
To behave in a threatening and abusive manner which would be likely to cause reasonable people to suffer fear and alarm.. Or were reckless as to whether it would do so.
3
Q
What is the mens rea?
A
Intention or recklessness
4
Q
What case is authority on TaAB?
A
Paterson v Harvie
5
Q
What was stated in Paterson?
A
- It is not whether the complainer suffered harm but whether a reasonable person would.
- That comments could be communicated via the internet
6
Q
What case confirms the objective test. The police officer was not perturbed but the reasonable person would have been.
A
Rooney v Brown
7
Q
What is the defence?
A
If a accused can show that in the particular circumstance the behaviour was reasonable.
8
Q
Where can stalking and hate crime be found?
A
Section 38
