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Class notes Scots Criminal Law
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All lecture notes from Scots Criminal Law LLB module
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SCOTS CRIMINAL LAW (LLB)Lecture 1- Elements of Crime & Statutory
Offences
The very basic ingredients of crime
Basic foundation of what Scot criminal law requires
Always look at right jurisdiction such as Scottish law back
by Scottish case
English law not binding in Scotland
Second half Statutory, bulk criminal law made by courts
When talking about criminal always say 'against' but in civil
cases 'and' never ever do we say versus, crown
represented by HMA (her majesty's advocate'
Uses P for prosecution in slides D for defence or D for
accused person
In scots person accused of crime called the accused
Usually puts V for victim but this is not accurate called
complainer not a victim
No bibliography in assignment or reference list just lots of
well formatted footnotes in law can have almost every
argument with a footnote shows to be more authorative
Case in in 2015 you can use articles and cases before and
after this year
Don’t get caught up, focus on difference between mens rea
and motive
Elements of a crime:
Actus reus is the behaviour element the act or omission
ingredient of the crown
There are the things the crown must prove, behaviour and then
the mens rea
, E.g. in murder they must prove act the accused killed
someone else without lawful truth and can involve failing
to do something such as buy tv licence
Mental is the state of mind going with this, state of mind
accused is at time of Actus Reus
So crown would have to prove the crimes done but also
that you intended to do it
Assault theft and wilful fire raising all require intention
Scots law will accept limited intent for assault
(Causation) is something else the crown may need to prove
to link
The behaviour must be voluntary( Actus rea):
Cannot have been forced to do the act
Crown cannot prove actus reas if caused by weather
Mother squeezed baby to death however this was not
meant as actus reus did not exist
Reflex action fly through window makes him because
accident was not voluntary
Jessop case teacher punches pupil, is that voluntary or
involuntary action court ruled was not involuntary not a
reflection
You are liable if you fall asleep when driving as you know
when you’re tired when driving so is seen as a voluntary
action
Unconscious more difficult, bon lorry driver Glasgow, had a
previous condition that made them prone to this so as he
knew about this saw it as voluntary but if happened never
before then is involuntary
Omissions (failing to do something):
Case where male watched assault but the court says no
duty to protect crime in Scotland
There is no legal duty to act
, Road traffic if they pull over and think drunk and refuse to
do breathalyser then this is a crime and the actus reas is
made out
Special relationships
Mother partner attacking child however mother never
stopped this
Partner convicted for murder and woman convicted but
then she appealed this
She was subject to abuse most life and court saw her as not
liable due to her circumstances
Contract or voluntary duties:
Woman who pleaded for help was ignored by a volunteer
as he neglected to properly process the application so
prosecuted as he failed to do something
Instan (English case) women lives with old aunt who pays
her way and last 10 days of life not given any care or fed
properly and died as woman had failed to give her care
She had a duty of care so was prosecuted
Prior dangerous acts:
Sir Gerald Gordon wrote largely on criminal law and he
views there is another face of omission
Failure to put fire out was actus reus in this case
Then McHugh case was using cigarette lighter to see when
stealing things from caravan but was charged with fire
starting through omission found not guilty however
All crimes have different actus reus e.g. what things you
have to prove
Causation
Sometimes has to prove there is a direct link
E.g. in theft the conduct is taking something then actus
reus of case made out
, For murder you need the result of death so proof that
someone died
Sometimes something can happen in between the stab and
the person dying
Eggshell Skull:
If fighting outside pub and one person punches one time
and the person dies then you will be done for murder as
you must take the victim as you see them
This is a rule 'tough luck'
You must take victim as you find them Blaue case (English)
came to door and demanded sex and stabbed her when
said no but needed blood transfusion but wouldn’t take as
Jehovis witness and he was prosecuted as you must take
them how you find them
Novus Actus Interveniens:
In this case shop owners give the kids glue and crisps so
kids behaviour not seen as Novus AI
Drugs, In Scotland if help someone or show someone to
take drugs then there is liability
Different in England where dealers etc can be seen as liable
Malregimen, poor medical care
D would say that if the medical care was better than they
would be fine
A say that would need this medical care if wasn’t for you
Accused always responsible by outcome of actions but
there is room for this to be argued
Mental element:
Mens rea
No criminal act without criminal mind
Need to know actus and mens rea for every crime
Assault theft and wilful fire raising, needs intention
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