Unit 4 Definitions Flashcards

Scots Criminal Law: Introduction and Investigation

1
Q

Abettor

A

A person who incites, instigates, encourages or counsels another to commit a crime or offence.

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2
Q

Accessory

A

Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or who acts in concert by watching whilst the crime or offence is committed.

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3
Q

Assault

A

A crime at common law, and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted.

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4
Q

Attempt to Prevent the Course of Justice

A

A crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime, or the bringing of an offender to justice.

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5
Q

Breach of the Peace

A

A crime at common law and is constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

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6
Q

Culpable and Reckless Fireraising

A

Is committed when property is set on fire as a result of a reckless act by the accused.

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7
Q

Forgery and Uttering

A

A crime at common law, and consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person.

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8
Q

Fraud

A

Falsehood - false representation by word
of mouth or writing or false
conduct.
Fraud - intention to deceive and
defraud.
Wilful imposition - what is required is that
there is a practical result,
i.e. including a person to do
what they would otherwise
not have done

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9
Q

House

A

Includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secured against intrusion by unauthorised persons

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10
Q

Malicious Mischief

A

A crime at common law constituted by wilful, wanton, and malicious destruction of, or damage to the property of another.

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11
Q

Offensive Weapon

A

Includes any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person.

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12
Q

Perjury

A

Perjury is a crime at common law, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath.

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13
Q

Principle

A

The person who actually commits the crime or offence.

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14
Q

Subornation of Perjury

A

Crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings.

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15
Q

Reset

A

A crime at common law committed by any person with intent to deprive the owner, to receive and keep property, knowing that it had been appropriated by theft, robbery, embezzlement or fraud.

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16
Q

Robbery

A

A crime at common law committed by any person who feloniously appropriates property, by means of violence or threats of violence.

17
Q

Theft

A

A crime at common law and is the taking or appropriating of property without the consent of the rightful owner or other lawful authority.

18
Q

Vandalism

A

An offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.

19
Q

Wasting Police Time

A

A crime at common law, committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation.

20
Q

Wilful Fireraising

A

Committed when a person intentionally sets fire to any form of property.