Criminal Law and Evidence Overview

Two sources of evidence for each "crucial fact"

• Commission of the evidence
• Identification of the accused

The physical element of a crime

<p>The fault element of a crime</p> Signup and view all the answers

<p>Sexual penetration of a person who is not consenting</p> Signup and view all the answers

<p>Intention, Knowledge, Recklessness</p> Signup and view all the answers

<p>When he consciously disregards a substantial and unjustified risk</p> Signup and view all the answers

<p>When he should be aware of a substantial and unjustified risk</p> Signup and view all the answers

<p>One which does not require mens rea to be proven</p> Signup and view all the answers

<p>No criminal liability arises for a failure to act</p> Signup and view all the answers

<p>Recognised legal duty to act, Failure to discharge that duty</p> Signup and view all the answers

<p>Reasonable steps test</p> Signup and view all the answers

<p>The conduct itself and the conversation is sufficiently dangerous. Complete as soon as the offer takes place</p> Signup and view all the answers

<p>There does not need to be actual instruction</p> Signup and view all the answers

<p>Constituted by the agreement of two or more persons to further or achieve a criminal purpose</p> Signup and view all the answers

<p>The same as the completed crime</p> Signup and view all the answers

<p>&quot;PREPARATION TO PERPETRATION&quot;</p> Signup and view all the answers

<p>Questions of art and part liability arise when two or more people act in concert to commit a crime. Concert can arise from a plan or spontaneously.</p> Signup and view all the answers

<p>Assistance and participation, Common purpose</p> Signup and view all the answers

<p>If the accused goes beyond the agreed common purpose for the crime, and this goes beyond what was foreseeable, the accused is not responsible for that act</p> Signup and view all the answers

<p>Actively associates himself with a common purpose which is or includes the taking of a human life/carries obvious risk</p> Signup and view all the answers

<p>No prior agreed plan, Actual state of knowledge of the accused at the time of involvement</p> Signup and view all the answers

<p>An accused is not liable for something which goes beyond the common purpose, at least if this is unforeseeable</p> Signup and view all the answers

<p>An attack upon the person of another</p> Signup and view all the answers

<p>Attacks producing injury, Attacks producing fear, Indirect attacks</p> Signup and view all the answers

<p>Intention can be transferred</p> Signup and view all the answers

<p>Weapon, Severe injury, Danger to life, Committed in the victim's home, Intention to commit a further crime</p> Signup and view all the answers

<p>Where the offence committed involves abuse by a partner or ex-partner if the accused intended to cause physical or psychological harm, or was reckless as to this possibility</p> Signup and view all the answers

<p>Domestic abuse (Scotland) Act 2018</p> Signup and view all the answers

<p>Each individual incident does not require corroboration, but at least two individual incidents must be corroborated</p> Signup and view all the answers

<p>Conviction under 2018 act, Aggravated by S1 Abusive Behaviour and Sexual Harm (Scotland) Act 2016</p> Signup and view all the answers

<p>Injury, Endangerment</p> Signup and view all the answers

<p>Discharge of a firearm, Admin of harmful substances, Supply of harmful substances</p> Signup and view all the answers

<p>Crime to recklessly injure a person. It is not necessary to show that the conduct in question put the public in danger</p> Signup and view all the answers

<p>Crime to recklessly endanger the safety of the public. The administration of harmful substances to a person is a crime</p> Signup and view all the answers

<p>Destruction of life whether wicked intention or wicked recklessness</p> Signup and view all the answers

<p>Intention to injure, Manner that might have resulted in death, Didn't care whether they lived or died</p> Signup and view all the answers

<p>Destruction of life with the same mens rea as for murder</p> Signup and view all the answers

<p>Voluntary, Involuntary</p> Signup and view all the answers

<p>A crucial fact, but the evidence relied upon can be circumstantial</p> Signup and view all the answers

<p>The circumstantial evidence had to prove beyond reasonable doubt that the accused was at the scene, which included his presence at the scene and the description of the suspect</p> Signup and view all the answers

<p>Courts have developed a number of doctrines allowing corroboration to be found in cases which would otherwise be difficult to prove</p> Signup and view all the answers

<p>Needs to be corroborated. Certain types of confessions which demonstrate &quot;special knowledge&quot; may be corroborated by proof that this knowledge was true.</p> Signup and view all the answers

<p>Two or more charges can mutually corroborate each other if closely connected. Accused must be identifiable in each</p> Signup and view all the answers

<p>There is no requirement to prove the separate elements in a crime by corroborated evidence</p> Signup and view all the answers

<p>Search with a valid warrant, Search permitted by statute, Search under circumstances of urgency</p> Signup and view all the answers

<p>Seriousness of the crime changed, Seriousness of irregularity, Good faith (or trickery), Circumstances of urgency</p> Signup and view all the answers

<p>Section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016</p> Signup and view all the answers

<p>Webster v Dominick</p> Signup and view all the answers

<p>Previous convictions shall not &quot;be laid before the jury, nor shall reference be made to them in presence of the jury before the verdict is returned</p> Signup and view all the answers

<p>An assertion other than one made by a person while giving evidence in the proceedings is inadmissible as evidence of any fact asserted.</p> Signup and view all the answers

<p>Statutory, Res gestate</p> Signup and view all the answers

<p>Must be corporeal moveable property (note the odd position of electricity). Information cannot be stolen</p> Signup and view all the answers

<p>Housebreaking, Opening lockfast places</p> Signup and view all the answers

<p>The &quot;felonious appropriation of property which is in the possession of the offender as trustee, agent, factor or other administrator; or which is in his possession with a view to his becoming a beneficial owner in certain contingencies... or which is in his custody for a purpose left unspecific&quot;</p> Signup and view all the answers

<p>Is it enough for the theft and the violence to be interrelated? Probably not: the violence should be in order to achieve the theft.</p> Signup and view all the answers

<p>Crime consists in using the threat to concuss a person into paying a demand which he intends to resist; and the crime, the use of threat for that purpose, is the same, whether the party using the threat thinks his demand good or bad</p> Signup and view all the answers

<p>Fraud is committed by a false pretence which is made in order to (and does) cause a &quot;definite practical result&quot;.</p> Signup and view all the answers

<p>The mens rea is intent. Recklessness will not suffice.</p> Signup and view all the answers

<p>Malicious mischief, Vandalism, Fire-raising</p> Signup and view all the answers

<p>Damage or destruction to corporeal property. The damage can be very minor.</p> Signup and view all the answers

<p>&quot;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.&quot;</p> Signup and view all the answers

<p>Setting fire to any property. Wilful (capital) fire-raising was restricted to certain types of property. Culpable and reckless fire-raising: all other types of property, and could be committed intentionally</p> Signup and view all the answers

<ol> <li>cause alarm to ordinary people</li> <li>threaten serious disturbance to the community. No mens rea (unitary test)</li> </ol> Signup and view all the answers