Exam (elaborations)
Criminal Law /Questions And Answers Graded (A+)
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- Criminal Law /Questions And Answers Graded
Criminal Law /Questions And Answers Graded (A+)
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Criminal Law /Questions And Answers Graded (A+)Quiz :Assault - Answer :An attack upon another with the intention of injuring
that person or producing the fear of immediate injury in that persons mind.
Actus Reus - an "attack", however no injury if required
Mens Rea - "evil intent", not enough to be accidental, negligent or reckless
Assault is therefore an "intentional attack"
Aggravations - use of a weapon, to severe injury, to the danger of life
Cases
James Cairns - spit in someones face
Kay v Allan - set dog on someone
Gilmour v McGlennan - attempted robbery with a toy gun, demanded money
Smart v HMA - two men consent to assault outside a public house
Connor v Jessop - hit female with glass whilst trying to hit male, transferred
mens rea
Gray v Hawthorne - chastisement of child, hit boy 9 times in an hour, assault
Guest v Annan - hit daughter across buttocks, appeal successful, disciplining
child
R v Brown - sadomasochists filmed themselves, assault, cannot give consent
Quiz :Murder (Current) - Answer :There is a murder wherever death is caused
with wicked intention to kill or by an act intended to cause physical injury and
displaying a wicked disregard of fatal consequences.
Actus Reus - death
Mens Rea - wicked recklessness, intention to kill, intention to cause physical
injury
Cases
HMA v Purcell - car followed by police, ran over young boy on crossing, did not
stop driving, no intention to kill, charged with culpable homicide on appeal
Cawthorne v HMA - fired gun into room of people, did not intend to hit
anyone, charged with attempted murder (wicked recklessness)
Quiz :Culpable Homicide - Answer :The killing of a human being in all
circumstances short of murder such as an unlawful act, a lawful act and a
voluntary act.
Actus Reus - death
Mens Rea - no intention to kill
unlawful act - assault - mens rea for assault
,voluntary act - same mens rea as murder (provocation/diminished
responsibility)
lawful act - simple recklessness
Cases
Bird v HMA - man suspicious that gypsy woman stole money, goes after her,
grabs her arm and dies from an underlying health issue, culpable homicide.
Gardiner v HMA - killed his wife, pushed her body down the stairs to make it
look like an accident, convicted of culpable homicide for 6 years, reduced to 3
years as he done this through panic
Mathieson v HMA - 15 year old boy set fire to paint behind leisure centre, 4
people died in fire, convicted of culpable homicide
Sutherland v HMA - set fire to building to defraud insurance company, person
helping him burnt to death in fire, convicted of culpable homicide
Brady v HMA - attempted murder, due to provocation, should be reduced to
assault, at most should have been assault to the danger of life
HMA v Carter - couple go to commit suicide, one died and one did not,
convicted of culpable homicide
HMA v Brady (unreported) - cared for 40 year old brother, bother wanted to
die, asked to end his life, gave him drugs and alcohol then put pillow over face,
satisfies murder, guilty of culpable homicide but was not charged because of
circumstances
Quiz :Reckless Injury - Answer :To injure another person recklessly.
Actus Reus - injury to victim
Mens Rea - objective approach, utter disregard of what the consequences of
the act in question may be
Cases
Allan v Patterson - reckless driving, no regard for the consequences
W v HMA - young boy threw bottle from 15th floor of flat, man got hit and
badly injured
Quiz :Reckless Endangerment - Answer :To recklessly endanger the safety of
the public and no injury needs to be caused.
Actus Reus - endangerment but not necessary actual danger to victim. Injury
often evident but not strictly part of offence
Mens Rea - objective approach, utter disregard of what the consequences of
the act in question may be
, Cases
Normand v Robinson - rave in abandoned property, drug taking etc, lack of
safety
Normand v Morrison - police body search, had uncapped syringe on person
and did not inform police, put police in danger, no injury caused
MacPhail v Clark - smoke in farm field, blows onto road, impairing drivers
vision, causing accidents
Quiz :Culpable and Reckless Discharge of Fire-arms - Answer :Cases
Gizzi v Tudhope - two men clay pigeon shooting, men working on sewer behind
tree line, man got pellets hit into his leg, member of the public almost hit,
police came, had to dive for cover, convicted
Cameron v McGuire - man shooting mud mound, public walk way behind it,
convicted because of utter disregard
Quiz :Administration of Harmful Substances - Answer :Cases
Brown v Lawson - 7 year old child given whisky, had epileptic fit, causable link
not broken because of child's age
Quiz :Supply of Harmful Substances - Answer :Cases
Skeen v Malik - selling solvents to 12 and 16 year olds for sniffing, it is a legal
substance to sell (no age restrictions), not criminally liable, causable link
broken, acquitted, appeal not made quick enough
Quiz :Rape (2009 Act) - Answer :A man having sexual intercourse with another
person without their consent.
Actus Reus - if a person (angel), with A's penis without another person (beer)
consenting and without any reasonable belief that B consents, penetrates to
any extent, either intending to do so or reckless as to whether there is
penetration, the vagina, anus of mouth of B then A commits an offence, to be
known as the offence of rape. Can be against a man or woman
Mens Rea - if the accused genuinely believes that the other person consented,
the accused is not guilty of rape only if he has reasonable grounds for that
belief. The penetration must be intentional or reckless.
Quiz :Incest - Answer :Grandparents, adoptive parents, adoptive
children/grandchildren, children, grandchildren, parent, any other close blood
relative
If any of these groups have sexual relations with each other, this is incest.
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