Scots Criminal Law Definition

• Solemn case


  judge sits with the jury - more serious crimes
• Summary


  judges sits without jury - lesser crimes
• Actus Reus


  The physical element of a crime
• Mens Rea


  mental element - intention, recklessness, negligence
• Recklessness


  disregard for the act's consequences - would a reasonable person have taken this risk?
• Negligence


  involuntary culpable homicide and charge of culpable injury
• Causation


  prove a causal link between accused acts or omissions and a particular result is central to most crimes
• Malregimen


  bad medical treatment - hospital treatment resulting in victims' death
• Art and Part Liability

  this is where people act as a group and the whole group is responsible for the actions of each person - equally guilty ( each accused is responsible for the whole actus reus
• Attempted Crimes


  where the accused has gone from the preparation of the crime to actual preparation (commit) usually only actus reus of the completed crime is missing but normal mens rea
• Conspiracy


  An agreement between two or more persons to commit a crime or crimes, intending to carry out that crime(s)
• Incitement


  Inviting another to enter a conspiracy or commit a crime, with the intention that the other will carry out that crime

  
  

  Actus Reus = when you invite someone to commit a crime

  
  

  Mens Rea = intention that other person will carry out the crime
• Homicide


  Causing the death of another human being, having (wickedly) intended to kill or through "wicked recklessness"
• Voluntary Culpable Homicide


  causing the death of another human being and having intended to kill them but they were provoked or suffering from diminished responsibility
• Diminished Responsibility


  the killing is voluntary but mitigating factors mean it is not classed as murder - No such thing as attempted voluntary culpable homicide and instead this would be charged as assault
• Involuntary Culpable Homicide


  causing the death of another human being with a mens rea that falls short of murder but is still regarded as criminal
• Lawful Act


  - Involuntary Culpable Homicidethis is when the accused has caused a death unintentionally and there was a high degree of negligence involved ( gross negligent)
• Road Traffic homicide


  - death caused by dangerous driving

  
  

  - death caused by driving without due care and attention

  
  

  - death caused by driving while unlicensed, disqualified or uninsured
• Corporate Liability and Corporate Homicide

  Corporate Manslaughter and Corporate Homicide Act 2007 :An organisation to which this section applies is guilty of offence if how its activities are managed or organised;

  (a) causes a person's death

  (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.”
• Assault


  An attack on the person which is done with the intent to cause personal injury
• Aggravated Assault


  mens rea = objective basis does not need to show intention
• Hamesucken


  accused attacking someone in the victim's own home - for the only purpose of going to their house
• Rape and Sexual Assault by Penetration


  Sexual Offences (Scotland) Act 2009, s 2(1) has been changed to include rape for a man
• Rules on Consent in Sexual Offences

  - cannot consent if you are drunk

  - if violence is used

  unlawful detainment

  - if the other party has been deceived

  impersonating someone

  - consenting on behalf of another party

  if the person is unconscious
• Section of Sexual Offences (Scotland) Act 2009 S15


  accused cannot say the victim consented to kiss them and then assumed she wanted to have sex - consent can be withdrawn at any time
• Section of Sexual Offences (Scotland) Act 2009 S16


  I thought the victim was consenting and did not realise she was not then they have to demonstrate what steps were taken to show that consent was taken
• Incest


  it is included in the Criminal Consolidation Scotland Act 1995

  
  

  Any male person who has sexual intercourse with a person related to him or any female person who has sexual intercourse with a person related to her shall be guilty of incest
• Theft ( containers, rooms, open spaces)


  The appropriation of property belonging to another without consent, and with intent to deprive the person of his or her property
• Theft by Finding


  any corporeal moveable which is owed can be stolen - it has to be owed by someone

  if you find property = theft as it does not belong to you
• Theft by Opening a Lockfast Place


  this covers thefts from any locked receptacle such as a drawer or a box ( if you open something before you take it )
• Theft by Housebreaking


  not restricted to houses and covers any building with a roof and if security has been breached like smashing a window
• Housebreaking with intent to Steal

  this is charged when housebreaking is unsuccessful = attempted housebreaking
• Reset


  Being privy to the retention of goods which have been dishonestly obtained by another, knowing that the goods have been stolen, or being wilfully blind
• Embezzlement


  Misappropriation of goods to which the accused has been entrusted, intending to deprive the owner of the goods
• Fraud


  The obtaining of a practical result by means of a false pretence, intending to achieve that result
• Robbery


  Theft (as previously defined) accomplished by personal violence or intimidation/threats of personal violence
• Extortion


  The obtaining of property or some other advantage by means ofillegitimate threats or demands, intending to deprive the owner of the property or to gain the advantage
• Malicious mischief/malicious damage


  The wilful or reckless causing of damage to property belonging to another
• Vandalism -


  Criminal Law (Consolidation) (Scotland) Act 1995, s52 Statutory offence s52 (1) & s52 (2):any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism.
• Wilful Fire Raising


  Intentionally setting fire to property belonging to another

  Culpable and reckless fire raising: as above, but with a mens rea of recklessness