CRIMINAL LAW Crimes against the person Learning Outcome

CRIMINAL LAW Crimes against the person. . . Learning Outcome 3 HND Legal Services 15/16

The Crimes. . . 1. Assault 2. Aggravated Assault 3. Murder 4. Culpable Homicide

1. Assault. . . Definition: actus reas mens rea “an assault is committed when one person makes an attack upon another with the evil intention (or perhaps just intention) of effecting the immediate bodily injury of that person” mens rea actus reas OR “Producing the fear of immediate bodily injury in his mind”

1. Assault. . . Key Aspects. . . Actus Reus = 1. Intentional Attack upon another (deliberate!) 2. Any degree of attack (no need to show harm) 3. Threatening gesture can be assault 4. Can be transferred intent

1. Assault. . . Mens Rea = 1. Intention to do bodily harm 2. Intention to place someone in a state of fear or alarm for their personal safety q Case – HMA v Phipps – what happened here?

1. Assault (attempted assault). . . For this crime, you will require to show the INTENTION (Mens Rea) as well as an attempt to fulfil the actus reas. . . q See Stewart v PF Forfarshire 1829. . .

2. Aggravated Assault. . . What makes it ‘aggravated’? . . . By method of perpetration (weapon used) 2. By injury caused – severe injury/danger of life 3. By place of assault – ‘hamesucken’ – i. e. in there own home 4. Attacking uniformed police officer (Police (Scotland) Act 1967) 5. Severity of injuries 6. By relationship between accused and victim – i. e. Parent and child. . . 1.

2. Aggravated Assault. . . The mens rea and actus reas for an aggravated assault are the same as for a simple assault. It is the use/presence of the “aggravating” factors listed on the previous page which create the ‘aggravated’ element. q Case – HMA v Harris – Victim pushed down flight of stairs, resulted in severe injury. Aggravated Assault.

3. Murder. . . Definition – Mens Rea or Mens Rea “a wilful act causing the destruction of life, whether intended to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of the consequences” (Mac. Donald) Actus Reus

3. Murder. . . Mens Rea. . . Can be seen in two areas = 1. Wicked intention 2. Wicked recklessness As usual, the mens rea of the accused is inferred from the circumstances… i. e. what happened in the case? There is no requirement that the murder be premeditated. . . Can you think of examples were either wicked intention or wicked recklessness are shown in relation to a murder?

3. Murder. . . A good case for wicked intention. . . q Drury v HMA – wife killed with hammer. . .

3. Murder. . . Wicked Recklessness. . . 3 elements: 1. 2. 3. q Accused meant to perpetrate some great and outrageous bodily harm The harm was such as might well have resulted in death The harm showed an absolute or utter indifference as to whether the victim lived or died Cases. . . Halliday v HMA. . . HMA v Robertson & Donoghue. . . HMA v Fraser & Rollins

3. Murder (Attempted). . . The crime of attempted murder is charged where the actions of the accused are such that death could have occurred and the accused has displayed the criminal intention or wicked recklessness found in the crime of murder. . .

4. Culpable Homicide. . . Essentially, what we have here is a homicide without the mens rea for murder. Alternatively, the mens rea can be present, but mitigating factors operate. . . So it is the killing of a human being by another human being, where the person should be held criminally responsible.

4. Culpable Homicide. . . � Actus Reus – Same as for Murder – an act causing death. � Mens Rea – Let us consider 4 categories (as illustrated by Hume): 1. An assault that results in death where there is no inference of intention or wicked recklessness. 2. Death that results in the course of another unlawful act where the mens rea is recklessness (voluntary). 3. Where death occurs in the performance of a lawful act (involuntary). 4. Where the accused has the mens rea for murder but a mitigating defence e. g. provocation or diminished responsibility.

4. Culpable Homicide Cases to Consider. . q Bird v HMA q Sutherland v HMA q Mathieson v HMA q Mc. Dowell v HMA

Group Discussion… - ‘Mercy’ Killings – how will the court deal with these?