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60 Cards in this Set
- Front
- Back
What is the definition of murder?
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'causingthe death of another human being, having (wickedly) intended to kill or through"wicked recklessness" ' |
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What is the actus reus of murder?
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'causing the death of another human being'
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For which crimes is the actus reus 'Causing the death of another human being'
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2. Involuntary Culpable Homicide 3. Voluntary Culpable Homicide |
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What is the mens rea of murder?
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'having(wickedly) intended to kill or through "wicked recklessness" ' |
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For what crime is the mens rea ' Having (Wickedly) intended to kill or through "wicked recklessness" ' |
Murder
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What was held in Drury v. H.M. Advocate2001? |
A man killed his previous partner when he discovered she was in a relationship with a new man. This case shows that in order to charge murder there must be 'wicked intent', which means the Crown must prove there was intent to kill at the time and no other mitigating factors (diminished responsibility, etc.)
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Which case concerns a man killing his ex partner when provoked by supposed infidelity, and shows that wicked intent is an intent to kill without mitigating factors.
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Drury v HM Advocate 2001 |
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What was held in H.M. Advocate v Purcell 2008? |
A man knocked down a ten year old boy while driving through a red light at speed. It was held that in order to satisfy 'wicked recklessness' there must be some underlying intention to cause personal injury. Murder was not an appropriate charge; culpable homicide was relevant. |
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Which case concerns a man knocking down a ten year old boy and shows that in order for the mens rea of murder, in 'wicked recklessness' to be satisfied, the must be intent to cause personal injury? |
H.M. Advocate v Purcell 2008
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What was held in Petto v HM Advocate 2009
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The accused stabbed a victim, and tried to burn the body which set the tenement which the victim lived in, on fire. This killed a woman living above the apartment. It was said obiter that as setting fire to building had a natural consequence of causing injury, and petto would have had a 'virtual certainty' of that being a possibility, this could be enough to satisfy the underlying intent for 'wicked recklessness'. |
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Which case concerns an accused setting fire to a victim's house in order to get rid of a body, killing a neighbour and shows that if someone has a virtual certainty of fire raising causing death, but with no intention to do so, that certainty may be used to satisfy the intent of 'wicked recklessness' (in obiter statements)
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Petto v H.M. Advocate 2009 |
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What is the mens rea of involuntary culpable homicide?
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'with a mens rea that falls short ofmurder, but is nonetheless regarded as criminal' |
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What is an unlawful act involuntary culpable homicide?
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Killing another human being, without intent to do so, but during an act which is unlawful (such as an assault)
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What is a lawful act, involuntary culpable homicide?
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causing the death of a human being while performing an act which is lawful, or does not intend harm to another.
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What was held in Tomney v HM Advocate 2012?
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An accused shot a friend in his house with a pistol after consuming alcohol and cannabis. While there was no intent to harm the friend, firing the gun was culpable and reckless rather than accidental and as such a charge of culpable homicide was relevant. |
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Which case concerns a man shooting his friend to death with a pistol while not aiming at him, which was held to be culpable and reckless rather than accidental?
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Tomney v HM Advocate 2012
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For which crime is the mens rea ''with a mens rea that falls short of murder, but is nonetheless regarded as criminal''
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involuntary culpable homicide
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What is the mens rea for voluntary culpable homicide?
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'having intended to kill (etc.) but having beenPROVOKED or suffering from DIMINISHED RESPONSIBILITY' |
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In what circumstances will death caused by dangerous driving be charged as culpable homicide?
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In the most serious cases, otherwise the statutory charge will be used. |
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Which act covers causing death while driving, but in less serious cases than where culpable homicide is a relevant charge? |
The Road Traffic Act 1988 |
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Which act covers corporate homicide?
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Corporate Manslaughter and Corporate Homicide Act 2007 |
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How may an organisation be guilty of the offence of corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007? |
S.1(1) - if in the way it is organised or managed causes a death or amounts to a gross breach of a relevant duty of care owed to the deceased. |
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What is the standard of a gross breach of a duty of care in terms of corporate homicide?
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A breach of a duty that falls far below that which can be reasonable expected of the organisation in the circumstances.
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What is the definition of assault?
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Anattack on the person of another done with intent to cause personal injury, orintending to place another person in a state of fear or alarm for his/hersafety |
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What is the actus reus of assault?
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An attack on the person of another |
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For which crime is the actus reus 'An attack on the person of another'?
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Assault |
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What is the mens rea of assault?
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'done with intent to cause personal injury, or intending to place another person in a state of fear or alarm for his/her safety'
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For which crime is the mens rea 'done with intent to cause personal injury, or intending to place another person in a state of fear or alarm for his/her safety'
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Assault |
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What was held in John Roy 1839?
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An accused deliberately broke a window causing injury to a girl. In order for a charge of assault to be relevant there must be an intent to cause injury, causing injury without intent is not sufficient. One cannot be guilty of assault recklessly or negligently. |
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Which case concerns an accused breaking a window, which then injured a girl on the other side and shows that assault must have an intention to cause injury and cannot be committed recklessly or negligently?
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John Roy 1839 |
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What was held in Smart v H.M. Advocate 1975?
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An accused agreed to have a 'square go' with another, and when charged argued assault was not a sufficient charge as the other had consented. It was held that consent was no defence to a charge of assault. |
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Which case concerns a 'square go' and shows that consent is no defence to a charge of assault?
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Smart v H.M. Advocate 1975
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What was held in R v Brown 1994?
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A group of homosexual sadomasochists were charged with ABH [English]. It was held that consent was no defence as it was not in the public interest for one person to cause harm to another unless there was good reason for it, and in the court's eyes these activities were not seen as a good reason. |
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Which case concerns consent to sadomasochistic activities being held as not being in the public interest to give rise to a defence against causing bodily harm?
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R v Brown 1994 |
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What was held in Stewart v Nisbet 2013?
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The appellant was a police officer who had wrapped Sellotape around a woman's head, believing in error to her having consented to the act. Mistaken belief as to consent was no defence to a charge of assault. |
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Which case concerns mistaken belief as to consent to wrapping sellotape around a woman's head?
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Stewart v Nisbet 2013
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How may assault be aggravated?
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1. Assault with intent to rape 2. Assault to the danger of life 3. Assault to severe injury 4. Assault to permanent disfigurement 5. Assault to the permanent impairment of sight 6. Assault with a weapon 7. Hamesucken |
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What was held in H.M. Advocate v Harris 1993?
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While assault requires an intent to cause injury or fear, recklessly causing injury is a crime.
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Which act covers sexual assault in Scotland?
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The Sexual Offences (Scotland) Act 2009 |
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Which act and section concerns rape in Scotland?
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The Sexual Offences (Scotland) Act 2009 S.1
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What crime is covered by the Sexual Offences (Scotland) Act 2009 S.1?
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Rape |
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How is rape defined under the Sexual Offences (Scotland) Act 2009 S.1?
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If a person with his penis, without another person consenting and without any reasonable belief that they have consented penetrates to any extent, either intending to do so or recklessly as to whether there is penetration the vagina anus or mouth. |
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What is covered by the Sexual Offences (Scotland) Act 2009 S.2?
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Sexual assault by penetration |
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How is sexual assault by penetration defined and by which act and section?
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If a person with any part of their body or anything else, without another consenting and without reasonable belief as to consent, penetrates sexually to any extent, either intending to do so or recklessly as to whether there is penetration, the vagina or anus of the other. |
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Which crime is covered by the Sexual Offences (Scotland) Act 2009 S.3?
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Sexual assault |
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Which act and section covers sexual assault, and how is it defined?
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If a person, without another person consenting, and without any reasonable belief that they consent, does any of the things mentioned in subsection 2 then they have committed the offence of sexual assault. |
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What actions amount to sexual assault under the Sexual Offences (Scotland) Act 2009 S.3 (2)?
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2. Intentionally of recklessly touching another sexually 3. Engaging in any form of sexual activity in which the accused intentionally or recklessly has physical contact with another. 4. Intentionally or recklessly ejaculating semen onto another. 5. Intentionally or recklessly emitting urine or saliva onto another. |
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Which act and section states the actions which amount to sexual assault?
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The Sexual Offences (Scotland) Act 2009 S.3 (2) |
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What is stated by the Sexual Offences (Scotland) Act 2009 S.12?
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For the purposes of rape and sexual assault, consent means free agreement. |
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In which circumstances may conduct take place without free agreement for the purposes of consent under the Sexual Offences (Scotland) Act 2009 S.13?
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2. Where the victim agrees or submits to the conduct because of violence used against them or any other person, or because of threats of violence made against them or any other. 3. Where the victim submits to the conduct because they are unlawfully detained by the accused. 4. Where the victim agrees to the conduct because they are mistaken, as a result of a deception by the accused as to the nature or purpose of the conduct. 5. Where the victim submits to the conduct because the accused induces the victim to agree by impersonating a person known to the victim 6. Where the only expression or indication of agreement to the conduct is from a person other than the victim. |
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Which act and section concerns the circumstances in which conduct takes place without free agreement in terms of sexual assault?
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The Sexual Offences (Scotland) Act 2009 S.13 |
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What is stated by the Sexual Offences (Scotland) Act 2009 S.14?
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A person is incapable, while asleep or unconscious of consenting to any conduct in terms of sexual assault. |
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Which act and section states that while a person is asleep or unconscious they are unable to consent to any conduct in terms of sexual activity?
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The Sexual Offences (Scotland) Act 2009 S.14 |
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What is stated by the Sexual Offences (Scotland) Act 2009 S.15?
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2. Consent to conduct may be withdrawn at any time before, or during the conduct. 3. If the conduct takes place, or continues to take place, after consent has been withdrawn, it takes place without consent. |
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Which act and section concerns withdrawal of consent to sexual conduct?
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The Sexual Offences (Scotland) Act 2009 S.15
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What is stated by the Sexual Offences (Scotland) Act 2009 S.16?
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In determining, for the purposes of Part 1,whether a person’s belief as to consent or knowledge was reasonable, regard isto be had to whether the person took any steps to ascertain whether there wasconsent or, as the case may be, knowledge; and if so, to what those steps were
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Which act and section concerns whether a person's belief as to consent was reasonable in terms of sexual assault?
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The Sexual Offences (Scotland) Act 2009 S.16
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Which crime is covered by the Criminal law (Consolidation) (Scotland) Act 1995, s 1
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Incest
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Which type of family members would it be considered incest to have sexual relationships with for a man?
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2. Daughter 3. Grandmother 4. Grand Daughter 5. Sister 6. Aunt 7. Niece 8. Great Grandmother 9. Great Grand-daughter |
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Which type of family members would it be considered incest to have sexual relationships with for a woman?
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1. Father 2. Son 3. Grandfather 4. Granson 5. Brother 6. Uncle 7. Nephew 8. Great Grandfather 9. Great Grandson |