Mens Rea of assault PDF

Preview

Summary

Mens Rea of assault...

Description

Mens Rea of assault

-

This is a crime of intention

-

It is the intention to hurt & wound

HMA v Phillips (1905) o Lord Adwell directed jury that it couldn’t convict of assault UNLESS found that accused had evil intent/intention to do bodily harm

Two forms of mens rea – -

Intent to do bodily harm

-

Intention to place someone in state of fear & alarm for personal safety

MacDonald – Evil intention is the essence of assault

Smart v HMA (1975)

o Held that ‘fact that person was willing to undergo risk of attack doesn’t prevent it being crime of assault’

Mens rea is really the deliberate intent to do bodily harm and not evil intent

Lord Advocates Reference (No 2 of 1992) o Held that ‘it has often been said that evil intention is the essence of assault but what it actually means is that assault cannot be committed recklessly or accidentally or negligently’ o Acquitted as it was a joke o As evil intent is essential for assault

The idea of evil is unnecessary & misleading An assault charge may also be one with a weapon Scott v HMA [2011] -

Intention to do bodily harm essential

Offences involving injury or danger of injury to the lieges

Offence of unintentionally but recklessly causing injury to another 

covers situations where insufficient evidence of intent to found a charge of assault – but evidence of recklessness is present



causal link must be est. btw accused’s reckless conduct & injury to complainer

HMA v Harris (1993) o Established that recklessly causing injury is a different type of crime o & can apply where people (such as nightclub bouncers) are entitled to use a degree of force but go beyond the boundaries of what is legitimate without entering realms of intentionally inflicting injury

o Steward at night club charged with recklessly seizing holf of the victim, pushing her no the body and causing her to fall down flight of steps where she was run over by vehicle & seriously injured

Kimmins v Normand (1993) o Another ‘recklessly causing injury’ case o Accused denying he had anything sharp in pockets prior to being searched o Denial of the existence of some factor which creates danger for potential victim o Reckless endangerment arises where injury doesn’t arise o Or where link btw reckless act & injury sustained is difficult to prove

There are 2 recognised common law homicides in Scotland 1. Murder 2. Culpable homicide...