Assault In Criminal Law Essay
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Assault
From Wikipedia, the free encyclopedia
This article is about the criminal act. For tortious aspects of assault, see Assault (tort). For other uses, see Assault (disambiguation). Criminal law | Part of the common law series | Element (criminal law) | * Actus reus * Mens rea * Causation * Concurrence | Scope of criminal liability | * Complicity * Corporate * Vicarious | Seriousness of offense | * Felony * Misdemeanor | Inchoate offenses | * Attempt * Conspiracy * Incitement * Solicitation | Offence against the person | * Assault * Battery * Criminal negligence * False imprisonment * Kidnapping * Mayhem * Robbery * Sexual assaultHomicide * Murder * …show more content…
HM Advocate (1987)
Scottish law also provides for a more serious charge of aggravated assault on the basis of such factors as severity of injury, the use of a weapon, or Hamesuken (to assault a person in his own home). The mens rea for assault is simply "evil intent",[17] although this has been held to mean no more than that assault "cannot be committed accidentally or recklessly or negligently" as upheld in Lord Advocate 's Reference No 2 of 1992 where it was found that a "hold-up" in a shop justified as a joke would still constitute an offence.
It is a separate offence to assault on a constable in the execution of his duty, under section 41 of the Police (Scotland) Act 1967 which provides that it is an offence for a person to, amongst other things, assault a constable in the execution of his duty or a person assisting a constable in the execution of his duty.
Northern Ireland[edit]
Several offences of assault exist in Northern Ireland. The Offences against the Person Act 1861 creates the offences of: * Common assault and battery: a summary offence, under section
Assault
From Wikipedia, the free encyclopedia
This article is about the criminal act. For tortious aspects of assault, see Assault (tort). For other uses, see Assault (disambiguation). Criminal law | Part of the common law series | Element (criminal law) | * Actus reus * Mens rea * Causation * Concurrence | Scope of criminal liability | * Complicity * Corporate * Vicarious | Seriousness of offense | * Felony * Misdemeanor | Inchoate offenses | * Attempt * Conspiracy * Incitement * Solicitation | Offence against the person | * Assault * Battery * Criminal negligence * False imprisonment * Kidnapping * Mayhem * Robbery * Sexual assaultHomicide * Murder * …show more content…
HM Advocate (1987)
Scottish law also provides for a more serious charge of aggravated assault on the basis of such factors as severity of injury, the use of a weapon, or Hamesuken (to assault a person in his own home). The mens rea for assault is simply "evil intent",[17] although this has been held to mean no more than that assault "cannot be committed accidentally or recklessly or negligently" as upheld in Lord Advocate 's Reference No 2 of 1992 where it was found that a "hold-up" in a shop justified as a joke would still constitute an offence.
It is a separate offence to assault on a constable in the execution of his duty, under section 41 of the Police (Scotland) Act 1967 which provides that it is an offence for a person to, amongst other things, assault a constable in the execution of his duty or a person assisting a constable in the execution of his duty.
Northern Ireland[edit]
Several offences of assault exist in Northern Ireland. The Offences against the Person Act 1861 creates the offences of: * Common assault and battery: a summary offence, under section