Unit 4 Lesson 2: Crimes of Violence Flashcards
Define assault.
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.
What are the two types of assault?
Direct or Indirect
What factors can aggravate an assault?
DIMPLES
D - Danger to victim: traffic, stairs, height
I - Intent: assault with intent to commit a more serious crime
M - Mode of perpetration: firearm, bladed article, acid
P - Persons character:victim being a child, pregnant, infirm or accused abusing a position of trust
L - Locus of assault: eg. In own home
E - Extent of injury: detention in hospital or fractures, internal, severe concussion, lacerations requiring sutures, impairment, disfigurement= serious
S - Statutory hate crime: motivated by hate
What are the two ways in which an assault can be justifiable?
Authority of the law or self defence (of yourself or another, not property)
Explain Section 90 of the Police and Fire Reform (Scotland) Act 2012
Relates to a person assaulting, resisting, obstructing or hindering a Constable in the execution of their duty.
What is Culpable and Reckless Conduct?
No specific definition. Common law crime, can be described as culpable and reckless acts which cause injury to others or which create a risk of injury. Must be more than a genuine and innocent accident. (Utter disregard for the consequences)