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Index to Scots Criminal Law, 3rd Edition

Resource type: Chapter

Status: Published on 01-Sep-2010

Jurisdiction: Scotland

This chapter from Scots Criminal Law (Bloomsbury Professional) explains all the basic principles relating to Scots criminal law. This edition of the text takes account of significant changes in substantive law, including the introduction of the Human Rights Convention into Scots Law. Case law developments take in the recasting of the law relating to indecency, scrutiny of the peculiarly Scots crime of breach of the peace, examination of the crime of murder, including the meaning of 'wicked recklessness', diminished responsibility, provocation and self defence, as well as analysis of what constitutes contempt of court. It also considers the many legislative developments including the Sexual Offences (Scotland) Act 2009, the Corporate Manslaughter and Corporate Homicide Act 2007, and changes arising from the Criminal Justice and Licensing (Scotland) Bill 2009.

Chapter 14, this index and the table of contents are available FREE of charge, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

Sheriff Andrew M Cubie

Index

[references are to paragraph numbers]

Abduction 11.16
Abortion
attempt, impossibility 7.12
offence, when is not 10.1
Accession to crime 6.1
Accomplice,
(see 'Art and part' guilt)
Act of God 5.4
Actus reus 2.2–2.15
'act' 2.2
automatism defence,
(see Automatism)
involuntary act 2.3–2.5
external event causing act 2.3
reflex action causing act 2.4, 2.5
'status offences' 2.4
unconsciousness, act during 2.5–2.9
mens rea, coincidence with 2.25, 2.26
more than one event 2.2
omissions,
(see Omission)
requirement for 2.2
somnambulism 2.5, 2.9
voluntary act 2.3
Administration of justice
offences against 20.1–20.9
attempts to defeat or pervert course of justice 20.9
contempt of court,
(see Contempt of court)
escape from lawful custody 20.8
false reports to police 20.7
perjury 20.1, 20.2
subornation of perjury 20.2
Administrator
embezzlement 17.1, 17.2, 17.4
fiduciary relationship, and 17.4
Adultery
provocation, act or confession as 10.19, 10.21
Age
(see also see also Child)
criminal responsibility 8.22
rape 11.7
Agent
commission of crime through innocent 6.4
uttering forged document through 16.16
embezzlement 17.1
Aggravated assault 9.7
Aggravated theft 14.21–14.23
Aiding and abetting
failing to prevent commission of crime 2.10, 2.11, 6.10, 6.11
suicide 10.2
Aircraft
hijacking 15.4
Alcohol
administration to woman overcome resistance for rape 11.8
drink driving,
(see Road traffic offences)
offender under influence,
(see Intoxication)
Amotio 14.6
Ancillary responsibility 6.1
Appropriation of property,
(see Embezzlement; Theft)
'Art and part' guilt 6.1 et seq
abandonment of criminal project, relevance of time of 6.17
agreement to commit crime 6.15
assisting perpetrator 6.15
bilateral regulatory offences 6.9
causal link 6.3
common purpose, acting for 6.18
counselling and instigating 6.12
doing nothing ('mere presence') 6.10, 6.11
encouragement, need for evidence of 6.11
forms 6.4–6.7
associate liability 6.5–6.7
innocent agency, commission through 6.4
joint commission 6.4
fraud case 16.5
justification 6.2, 6.3
scope 6.18, 6.19
sexual offences 6.8
social danger represented by accomplice 6.2, 6.3
statutory offences 6.20
supply of materials/information 6.12–6.15
actual knowledge, whether required 6.14
business, supply in course of 6.15
unintended consequences, problem areas 6.18, 6.19
victim, position of 6.8
withdrawal or dissociation, effect of 6.16, 6.17
Assault
art and part guilt issues 6.4, 6.5, 6.7
assisting perpetrator 6.15
doing nothing 6.10
joining in after fatal blow struck 6.16
criminal offence 9.1–9.8
aggravated, circumstances for 9.7, 11.12
attack on another person, direct or indirect 9.1
consent, when constitutes defence 9.6, 9.7
'evil intent' 9.5, 9.7
intention to commit crime following 9.7
lawful force, use is not 9.3, 9.4
medical treatment 9.7
mens rea 9.5
mitigation by provocation 9.8
physically-threatening gestures, use of 9.1, 9.2
self-defence/prevention of crime, is not 9.4
sporting violence 9.6
weapon, use of 9.1, 9.2, 9.7
death of victim, resulting in 10.8, 10.12, 10.13,
(see also Culpable homicide; Murder)
indecent assault 11.12
provocation, requirement of 10.18
seriousness of 10.21
sexual,
(see Sexual assault)
taking goods with force 15.1, 15.2,
(see also Robbery)
witness to 6.10
Associate liability 6.5–6.7
acquittal of person committing actus reus, and 6.5, 6.6
different offences for same act, co-accuseds convicted of 6.7
Association 4.3
Attempt 7.1–7.15
abandonment of efforts 7.7
defence, as 7.8
authorities on 7.4–7.6
conduct amounting to 7.2–7.4
preparation distinguished 7.3, 7.4
conspiracy 7.12, 7.16
drive, attempt to 13.3
impossible 7.11–7.15
examples 7.14
factual or legal impossibility, distinction 7.11–7.13
High Court case resolving issue of (Docherty v Brown) 7.13, 7.15
incitement 7.17
'last act' theory 7.4, 7.5
mental element 7.8–7.11
strict liability offences 7.10, 7.11
murder, intent 7.8, 7.9
preparation test 7.6, 7.13
other jurisdictions, in 7.7
punishment issues 7.1
rape 7.10
Automatism 2.5–2.9
driving, and 13.2
effect of 8.10
elements of defence of 2.9
epilepsy or diabetes, induced by 2.6, 2.7
evidence, medical 2.9
forms of 2.5–2.8
insane 2.8
legal systems outside Scotland 2.9
non-insane 2.5, 2.6–2.8
burden of proof 2.8
somnambulism 2.5, 2.9
strict liability offence, defence to 3.7
Baby
born alive, dying of injuries sustained in utero 10.1
Bank card
stolen, fraud using 16.3
'Battered woman syndrome' 10.20
Bestiality 11.16
Bicycle
road traffic offence 13.12
Blackmail 17.6
'Body corporate' 4.3,
(see also Corporate criminal liability)
Breach of peace 1.1, 1.15, 12.8–12.10
abusive language, use of 12.10
'alarm', causing 12.9
conduct covered 12.8, 20.9
self-defence 12.10
Breach of trust
aggravated assault, may occasion 9.7
Bribery 17.10, 17.11
common law crime 17.10
failure by organisation to prevent 17.11
foreign public official 17.11
necessity defence 17.11
statutory crime 17.10
Bribery Act 2010, offences under 17.11
Law Commission report to tidy up 17.10
witness, of 20.2
Car
'borrowing' (joy riding) 14.17, 14.18
driving offences,
(see Road traffic offences)
Careless driving,
(see Road traffic offences)
Casual homicide 10.5
Causation 5.1–5.12
art and part guilt, and 6.3
conclusions 5.12
concurrent causes 5.2
interruption of 5.4–5.11
escape attempt of victim 5.10
fecklessness of victim 5.11
medical mishap 5.6–5.8
novus actus interveniens 5.4–5.6
substance supply to volunteer victim 5.8, 5.9
suicide of victim 5.11
many possible causes 5.1, 5.2
sufficient legal cause 5.2, 5.3
'sufficient of itself' 5.2
thin skull rule 5.3
'Causing or permitting' offences 3.10
Chastisement
lawful, not assault 9.3
teacher, by 9.3
indecent assault, whether is 11.12
Cheques
fraud 16.3
Child
criminal responsibility 8.22
irrebuttable presumption, child under 8 8.22
prosecution, age for, reform of 8.22
sexual abuse of trust against 11.15, 11.17
sexual offences against 11.13
boy, homosexual acts with 11.13, 11.14
incest 11.14, 11.15
rape of girl under 12 11.10, 11.13
reform to law 11.17
sexual acts/intercourse underage girl 11.13
woman on boy 11.13
Child pornography 11.2
Clandestine injury 11.8, 11.9
reform to law 11.17
Clandestine taking and using 14.15, 14.18, 14.19
Classification (crimes) 1.10
Coercion defence 8.28–8.31
availability 8.29
circumstances where defence not available 8.30, 8.31
murder 8.31
necessity distinction rejected 8.28, 8.29
property, crime against 8.29
scope 8.29
test of 8.30
Common law
corporate liability 4.5
source of criminal law 1.1, 1.2, 1.4
statute, and
combination of both 1.1
overlapping with 1.6
time bar issues 1.13, 1.14
Common purpose
two or more persons acting for, liability 6.18
Complicity in crime 6.1
Conduct crime 2.2
Confidential information
divulging 19.6
receiving 19.7
Consent
embezzlement, defence to 17.5
rape, lack of for,
(see Rape)
theft, and 14.9
Conspiracy 7.16
attempted conspiracy 7.12, 7.16
Contempt of court 20.3–20.6
conduct giving rise to 20.4–20.6
human rights issues 20.3
judge dealing with, and issues relating to 20.3
nature of, in Scots law 20.3
prejudicing a fair trial 20.6
recklessness 20.4
wilfulness 20.4
Corporate criminal liability 4.1–4.8
background 4.1, 4.2
'body corporate' 4.3
common law offence 4.5
controlling mind of 4.5, 4.6
corporate manslaughter 4.7
director
knowledge of 4.4
liability of 
manager/managing director 4.3, 4.5
mens rea, statutory offence requiring 4.4
persons liable 4.3
strict liability offence 4.3
Corporate manslaughter 4.7
Court
(see also see also Administration of justice)
decisions,
(see Common law)
declaratory power,
(see Declaratory power of court)
Criminal liability, principles,
(see Actus reus; Mens rea)
Culpable homicide 10.13–10.21
assault, resulting from 10.13, 10.14
'death' 10.4
drugs causing death, administration of 10.14
fire causing death 10.14
involuntary 10.13, 10.14
victim with particular weakness or peculiarity 10.14
involuntary lawful act 10.15
mercy killing 2.19, 10.4
murder reduced to
diminished responsibility plea 8.10, 8.19, 10.17
intoxication cases 8.7
no intention to inflict harm, where 10.9, 10.10
provocation 10.17
omission 10.15
provocation 10.17, 10.18
adultery 10.19, 10.21
assault 10.18, 10.21
'battered woman syndrome' 10.20
cumulative 10.20
immediate act following on from 10.19
proportionality 10.21
requirements of 10.18
'unfaithfulness exception' 10.19, 10.21
relationship between murder and 10.12
self-defence, defence to 8.24
unlawful act other than assault, resulting from 10.14
degree of dangerousness 10.14
voluntary 10.13, 10.17–10.21
Custody, escape from 20.8
Dangerous driving 13.7
causing death by dangerous driving 13.5, 13.6
Death
definition 10.4
Deception,
(see Fraud; Uttering forged documents)
Declaratory power of court 1.7–1.9
arguments for and against 1.9
reassertion 1.8
source of law 1.7
Defences
coercion and necessity,
(see Coercion defence)
error,
(see Error, defence of)
mental abnormality,
(see Diminished responsibility; Insanity)
self-defence,
(see Self-defence)
Delusions 8.18
Diminished responsibility 8.19–8.21
criteria for 8.19
mental illness considerations 8.20, 8.21
onus of proof 8.21
origins 8.19, 8.20
plea of, effect 8.10, 8.19
Director
corporate liability, and 4.4, 4.8
managing 4.3, 4.5
Dishonest conduct,
(see Embezzlement; Fraud)
'Dole',
(see Mens rea)
Domestic violence
culpable homicide, whether provocation for 10.20
Drugs
(see also see also Intoxication; Noxious substances)
administration of illegal drugs causing death 10.14
administration to woman overcome resistance for rape 11.8
driving under influence, offences 13.2, 13.9, 13.13, 13.14–13.16
importation and exportation 12.3
misuse, offences 12.1–12.7
classes of controlled drug 12.2
controlled drug offences 12.3–12.5
legislative background 12.1
possession/possession with intent to supply 12.5–12.7
'control' 12.5
defence 12.7
forgotten possession 12.7
intention to supply 12.7
'possession' 12.5, 12.6
production and supply 12.4–12.7
theft by drugging victim 14.23
Due diligence
strict liability offences 3.8
vicarious liability, and 3.10
Duress 8.31,
(see also Coercion defence)
Embezzlement
actus reus 17.4, 17.5
authority of accused 17.2–17.4
acting with and without compared 17.3
defence, consent of owner 17.5
'dishonest and felonious intention' 17.5
essentials and meaning of 17.1, 17.4
mens rea 17.5
theft distinguished from 17.1, 17.2
jury's reluctance to convict 'responsible' person of theft 17.3
Employee
knowledge of, and corporate liability 4.4
offence by, employer's vicarious liability 3.9, 3.10
prevention of crime against employer, whether duty exists 6.10
Encouraging commission of offence 6.12
English law
influence of 1.5f
Error, defence of 8.1–8.6
fact 8.1, 8.4–8.6
irrelevant 8.4, 8.5
method, as to 8.5
murder 8.5
rape 8.6
reasonableness of belief 8.6
relevant 8.5, 8.6
victim, as to identity of 8.4
law 8.1–8.4
criminal law and civil law errors distinguished 8.1
irrelevant 8.2
other jurisdictions 8.3
relevant 8.4
official advice, reliance on 8.3
Escape from custody 20.8
European Court of Human Rights,
(see Human rights)
Euthanesia,
(see Mercy killing)
Evidence
'art and part guilt', where mere presence 6.11
automatism, of 2.9
mental abnormality, of 8.11
perjured 20.1, 20.2
Extortion 17.6–17.9
benefit on the accused, whether necessary 17.8
demand 17.9
'detriment of victim' 17.9
robbery with threats distinguished 15.3, 17.6
threat 17.6–17.9
entitlement to make 17.7, 17.8
illegitimate end, to achieve 17.7, 17.8
wheel clamping (England) 17.7, 17.9
Factor
embezzlement 17.1
Fair trial, prejudicing 20.6
False accusation of a crime 20.7
False report to police 20.7
Falsehood on oath,
(see Perjury)
Fire
death, causing
culpable homicide, as 10.14
murder, as 10.10
fire-raising offence 18.2, 18.7–18.11
culpable and reckless 18.9, 18.10
intentional 18.11
wilful 18.7, 18.8
Force, use of
(see also see also Extortion; Robbery)
accidental application 9.5
assault, as of offence of,
(see Assault)
lawful,
(see Lawful force)
self-defence, use not to be excessive 8.26, 8.27
Forgery
forged documents, uttering of,
(see Uttering forged documents)
not itself a crime 16.14
Fraud 16.1–16.13
cheque/card, stolen 16.3
company perpetrating 4.1
essence of offence of 16.1, 16.2
simple fraud (common law) 16.2–16.13
causal link 16.12
false pretence 16.2–16.4, 16.12, 16.13
implied representations/misrepresentation 16.3, 16.5, 16.6
mens rea 16.13
mispriced items in shop 16.5
result requirement 16.2, 16.8–16.11, 16.13
silence, whether fraudulent 16.3, 16.4, 16.5
statement of intention/of intention to pay 16.6, 16.7
statement of opinion/advertising 'puff' 16.7, 16.8
theft distinguished 10.10, 14.15
Geographical scope,
(see Territorial scope)
Goods
handling,
(see Reset)
taking,
(see Robbery; Theft)
Gun,
(see Weapon)
HIV infection
reckless exposure of others to 9.12
Handling stolen goods,
(see Reset)
Homicide
criminal,
(see Culpable homicide; Murder)
non-criminal 10.5
casual 10.5
justifiable 10.5
robbery, during course of 10.11
Homosexual offences 11.14
boy under 16, with 11.13, 11.14
mistaken belief as to age of partner 11.14
Housebreaking 14.21, 14.22
intent to steal, with 14.23
Human fetus
protection of 10.1
Human life
protection of 10.1
Human rights
contempt of court machinery, and 20.3
ECHR decisions, account of 1.5
guarantee (article 7) 1.15
publication prejudicing fair trial, and defence to 20.6
Hume, David
Commentaries 1.3
Husband and wife
rape between 11.7
impersonation of husband 11.9, 16.11
reset 14.28
Incest
adoptive child 11.14
defence 11.14
offence 6.8, 11.14, 11.15
who commits 6.8
prohibited degrees and relationships 11.14
sexual abuse of trust 11.15, 11.17
step-parent/step-child 11.15
Inchoate crime 7.1–7.17
meaning 7.1
Incitement 7.17
attempted incitement 7.17
Indecent assault 11.12
evil intent 11.12
Indecency, shameless 11.1, 11.3, 11.4, 11.16
Information
disclosure duty and terrorism suspicion 19.10
false
accusation of a crime 20.7
report to police 20.7
under oath,
(see Perjury)
offences under Official Secrets Acts relating to 19.5–19.7
supply, for facilitation of commission of crime 6.15
Injury to others, causing or risking 9.9–9.12
administration/supply of noxious substances 9.11, 9.12
consent, whether a defence 9.11, 9.12
culpability and recklessness
degree of 9.9
proof of 9.10
infection risk, exposure of others to 9.12
mens rea 9.9
recklessness 9.9
Insanity 2.8, 8.10–8.22
defence of 8.10, 8.15–8.18
'absolute alienation of reasons' 8.16–8.18
burden of proof 8.15
criteria 8.16
delusion, person suffering from 8.18
prior notice to Crown requirement 8.15
strict liability offence 3.7
transitory malfunction not enough for 8.17
Instigating commission of offence 6.12
Intention
element of mens rea,
(see Mens rea)
Intimidation
see also Force, use of
witness, of 20.2
Intoxication 8.6
alcohol, offender intoxicated by 8.6–8.10
cases on approach to 8.7
critique 8.8–8.10
defence of intoxication, cases in other jurisdictions 8.8–8.10
English law 8.9
insanity defence based on, case 8.17
mitigating factor in sentencing 8.7, 8.10
recklessness 8.7, 8.8
drugs, offender intoxicated by 8.6, 8.8
involuntary 8.7
self-induced/voluntary 2.4, 2.9, 2.25, 8.6, 8.7
Joint commission 6.4, 6.18, 6.19
Justice
attempts to defeat or pervert course of 20.9
Justifiable homicide 10.5
Knife,
(see Weapon)
Knowledge
intention for mens rea, relevance to 2.22, 2.23
'permitting' a prohibited occurrence 3.10
strict liability offences 3.3, 3.8
supply of materials/information for crime 6.12–6.15
Lawful force
not an assault 9.3, 9.4
self-defence not available against 8.27
Lewd and libidinous practices 11.5, 11.6
boy, underage, with 11.13
examples and circumstances for 11.6
girl between 12 and 16, on 11.13
prohibited degrees, sexual activity between 11.15
reform to law 11.17
Liability, principles of 2.1 et seq,
(see Actus reus; Mens rea)
Lockfast premises
opening, offence 14.22, 14.23
Malicious mischief 18.1–18.6
background 18.1
defences 18.6
meaning 18.1, 18.4, 18.5
mens rea 18.5
mitigation 18.6
omissions 18.4
property
disregard or indifference of accused to owner's rights 18.5
financial loss only 18.1
'interference' with, deliberate 18.2–18.4
physical damage to 18.1
vandalism distinguished 18.6
Malregimen
causation, effect on 5.6–5.8
Manslaughter
corporate 4.7
Materials supply 6.12–6.15
Medical treatment
see Malregimen
consent to 9.7
Mens rea 2.16–2.26
accidental action contrasted 2.21
actus reus, coincidence with 2.25, 2.26
assault, of 9.5
attempted murder, of 7.8
'causing or permitting' offences 3.10
'dole' 2.17
differs for different crimes 2.18
elements of 2.21–2.26
intention 2.21–2.23
knowledge, relevance to intention 2.22, 2.23, 3.3
negligence 2.24, 2.25
recklessness 2.23, 2.24, 2.25
'wilfully' 2.22, 3.3
exception,
(see Strict liability offences)
foresight 2.21
intoxication, self-induced 2.4, 2.9, 2.25
motive
justification defences, and 2.20
mitigation, relevance for 2.19
prosecution instigation, and 2.19
whether negates 2.18
presumption 3.3, 3.4
requirement for 2.16
vicarious liability, and,
(see Vicarious liability)
Mental abnormality/illness
(see also see also Diminished responsibility; Insanity)
criminal law responses 8.14, 8.15
bar of trial plea 8.14
informal measures, use for minor offence 8.14
insanity defence,
(see Insanity)
diminished responsibility plea rejected, mitigating factor where 8.21
psychiatric evidence 8.11
sexual offence on person with 11.10, 11.17
types of, and criminal acts 8.11–8.14
main categories 8.12, 8.13
psychopathy 8.12, 8.13
volitional disabilities 8.11, 8.18
Mercy killing 2.19, 10.4
Mitigation
assault, of 9.8
diminished responsibility 8.19
intoxication 8.7, 8.10
Morality
interaction with criminal law 1.8, 1.16, 1.17
Motive 2.18–2.20,
(see also Mens rea)
Murder 10.6–10.12
actus reus 2.2
mens rea, coincidence with 2.26
art and part guilt 6.6, 6.7, 6.11
joining in after fatal blow struck 6.16
attempted 7.8
coercion or necessity defence not available 8.31
common law basis 1.1
culpable homicide, relationship with 10.1
direction of jury 10.12
'death' 10.4
definition 10.6
diminished responsibility plea, effect of 8.10, 8.19–8.21
English law contrasted 1.2
error of fact 8.5
fire causing death 10.10
intentional killing 10.6
mens rea 10.6, 10.7
recklessness concept, and 2.24, 10.6–10.9
attempt, and 7.8, 7.9
robbery, homicide committed during treated as 10.11
self-defence, defence of 8.24
weapon, use of 10.8, 10.11
'wicked recklessness' 10.6–10.8
inferred 10.8
intention to inflict harm 10.9, 10.10
mens rea, as 10.7
subjective or objective 10.9
witness to 6.11
Necessity
bribery, defence to 17.11
circumstances where defence not available 8.30, 8.31
coercion distinction rejected 8.28, 8.29
malicious mischief, and 18.6
road traffic offences 8.29, 13.18
strict liability offence 3.7
test of 8.30
Neglect
homicide resulting from 10.15
Negligence
criminal liability for 2.25, 10.15
gross negligence 2.25
recklessness compared 2.23
homicide, leading to 10.15
mens rea issues 2.24, 2.25
standard of conduct, expected 2.24
supplier of materials/information for commission of a crime 6.14
Nonage 3.7
Novus actus interveniens 5.4–5.6
act of God 5.4
act of third party 5.5
criminal act on part of another 5.6
effect on causation 5.4
Noxious substances
administration or supply 9.11, 9.12
Obscene material
offences connected with 11.1
Official Secrets legislation
crimes under 19.5–19.7
Omission 2.10–2.12
criminal liability, categories of 2.12, 2.13
assumption of responsibility 2.14, 2.15
contractual obligation 2.15
duty to act arising from status 2.14, 2.15
failure to control dangerous thing 2.13
failure to summon medical help 2.14
failure to warn of danger created by oneself 2.14
prior dangerous act 2.12, 2.13
culpable homicide, resulting in 10.15
failure to prevent commission of crime 2.10–2.12
failure to rescue 2.10, 10.15
malicious mischief, whether can be 18.4
Parent
chastisement of child 9.3
Parties/participants,
(see 'Art and part' guilt)
Partnership 4.3
dissolution, effect on liability 4.3
partner, liability of 4.3, 4.8
Perjury 20.1, 20.2
competency requirement 20.1, 20.2
contempt of court, witness may be in 20.4
nature of offence 20.1
own trial, in 20.2
subornation of perjury 20.2
Personality disorder 8.12, 8.13
Piracy 15.4
Police
false report to 20.7
threat to officer 20.9
Pollution 3.4
Pornography
child 11.2
Pregnancy
abortion,
(see Abortion)
injuries sustained to fetus during 10.1
Presence at scene of crime 6.10, 6.11
see also 'Art and part' guilt
assisting perpetrator 6.15
participation could not be inferred by proximity 6.19
Prevention of commission of crime
assault, is not 9.4
duty, whether exists 2.10, 2.11, 6.10
art and part guilt issues 6.10, 6.11
special relationship situations 6.10
statutory obligation 2.12
Prison-breaking 20.8
Property
coercion defence 8.29
offences,
(see Malicious mischief; Reset; Theft; Vandalism)
self-defence defence 8.28, 8.29, 9.4
Prostitution 11.16
Protection of public
strict liability for,
(see Strict liability offences)
Provocation
assault
mitigation of offence by 9.8
requirement for 10.18
reduces murder to culpable homicide 10.17–10.20
cumulative acts/domestic violence 10.20
proportionality 10.21
requirements 10.18, 10.19
self-defence distinguished 8.23, 10.17
verbal 10.18
Psychiatric condition
(see also see also Diminished responsibility; Insanity; Mental abnormality/illness)
categories of 8.12, 8.13
evidence of 8.11
Psychopathy 8.12, 8.13
Public indecency 11.3–11.5
'public' nature of conduct 11.5
standards for judging 11.5
Public morality
offences against 11.1–11.6
Public order
breach of peace,
(see Breach of peace)
minor breaches 12.10
Publication, pre-trial 20.6
Rape 11.7–11.10
actus reus 11.8
attempted reckless 7.10
consent, lack of 11.7, 11.8
belief that woman consents 11.10, 11.11
cases where inferred/no true consent 11.9
mentally disordered person 11.10, 11.17
new definition, introduction of 11.17
presumed, girl under 12 11.13
defence 11.10, 11.11
definition, new statutory 11.18
drink or drugs, administration prior to 11.8
error of fact 8.6
force 11.7, 11.8
fraudulent misrepresentation, and 11.9
girl under 12, of 11.10
homosexual 11.13, 11.14, 11.18
husband and wife 11.7
impersonation of husband 11.9
fraud case 16.11
intoxicated woman, intercourse with 11.8
mens rea 11.8, 11.10
perpetrator, who may be 11.7
recklessness 7.10, 11.8, 11.10, 11.11
reform to law 11.17, 11.18
sleeping/unconscious woman 11.9
threat of, killing in self-defence 8.24, 8.25
threats, use to secure compliance 11.8
Recklessness
assault on injured victim, wicked recklessness 6.16
attempted murder 7.8, 7.9
attempted rape 7.10
destruction of property 18.5,
(see also Malicious mischief)
injury to others, causing 9.9, 9.10
intoxication, as to 8.7, 8.8
liability issues 2.23, 2.24, 2.25
meaning 2.23, 2.24
murder, wicked recklessness 2.24, 10.6–10.10
objective concept 2.24
road traffic offences
common law offence 13.12
driving 'recklessly', demonstrating gross carelessness' 13.10
move to 'dangerous' from 13.1, 13.7
supplier of materials/information for commission of a crime 6.14, 6.15
vandalism 18.6
'wicked',
(see Murder)
Regulatory offences
bilateral offences 6.9
strict liability 3.4–3.6
Reset 14.24–14.28
actus reus 14.24–14.26
attempted 7.11
husband and wife rule 14.28
meaning 14.23
mens rea 14.27, 14.28
'guilty knowledge' 14.27
Result crime 2.2
Road traffic offences 13.1–13.18
'accident' 13.4
alcohol/drugs,
(see 'drink/drugs driving' below)
attempting to drive 13.3
automatism, defence of 13.2
'careless driving' 13.8
driving without due care and attention, objective test for 13.10, 13.11
driving without reasonable consideration for others 13.12
offences 13.8–13.12
dangerous driving 13.7
causing death by dangerous driving 13.5, 13.6
previous 'recklessness' test, and test for 13.7
death, causing
careless driving under influence of drink or drugs 13.9
careless or inconsiderate driving 13.8
dangerous driving 13.5, 13.6
common law offences 13.12
cycling 13.12
dangerous driving 13.7
causing death by dangerous driving 13.5, 13.6
drink/drugs driving 13.2
causing death by careless driving under influence of drink or drugs 13.9
defences 13.16–13.18
'drink' 13.13
driving/being in charge with excessive alcohol 13.16, 13.17
driving or attempting to drive while unfit through drink or drugs 13.13–13.16
'drugs' 13.13
parasomnia case 13.2
'driving' 13.1
inconsiderate driving 13.10, 13.12
causing death by careless or inconsiderate driving 13.8
inconvenience to others 13.12
offences 13.8–13.12
'reasonable consideration' 13.12
legislation 13.1
'motor vehicle' 13.3
necessity defence, and 8.29, 13.18
reckless driving
common law 13.12 
driving 'recklessly', demonstrating gross carelessness' 13.10
move to 'dangerous' from 13.1, 13.7
'road' 13.4
'other public place' 13.4
strict liability 3.4, 13.5
unfitness through drink/drugs 13.13–13.15
defences 13.16–13.18
fitness to drive 13.14
'in charge' of motor vehicle 13.14, 13.15
'using, causing or permitting' 13.5
Robbery 15.1, 15.2
assault
not necessary 15.1
preceding the taking 15.1, 15.2
force or violence
degree of 15.1, 15.2
essential 15.1–15.3
taking achieved by 15.2
homicide committed during, treatment of 10.11
ship, of (piracy) 15.4
threats, with 15.3
extortion distinguished 15.3
no assault 15.3
Sabotage 19.5
Scope
intervention limits, and 1.16, 1.17
temporal 1.13, 1.14
territorial 1.11, 1.12
Secrets, Official,
(see Official Secrets legislation)
Sedition 19.4
meaning and proof 19.4
treasonable, may be 19.4
Self-defence 8.23–8.28
assault, is not 9.4
killing, availability of defence 8.24, 8.25, 8.28
force not excessive 8.26, 8.27
imminent danger to life 8.24
inescapable danger 8.26
mistaken belief that life threatened 8.25
lawful force, not available against 8.27
malicious mischief, and 18.6
other person, defence of 8.23, 9.4
principle and scope 8.23, 8.24
property, defence of 8.23, 8.28, 9.4
provocation distinguished 8.23, 10.17
rape 8.24, 8.25
self, of 8.23–8.27
strict liability offence 3.7
Sentencing
intoxication as mitigating factor 8.10
Sexual assault 11.7–11.12
see also Indecent assault; Lewd and libidinous practices; Rape
new law, criminal conduct under 11.18
Sexual grooming 11.16
Sexual offences 11.1–11.18
(see also see also specific offences)
age of consent 11.17
art and part liability, and 6.8
reform to law 11.17, 11.18
sundry, list of 11.16
Shameless indecency 11.1, 11.3, 11.4, 11.16
Ship
piracy, acts constituting 15.4
Signature
fictitious name/imitative 16.15, 16.16
genuine attached to false deed 16.15
Social protection,
(see Breach of peace; Drugs)
Sodomy 11.13
reform to law 11.17
Solicitor
embezzlement 17.1, 17.2, 17.4
Solvents
administration or supply 9.11, 9.12
Somnambulism,
(see Automatism)
Sources of law 1.1–1.5
English sources, influence of 1.5
text books, authority of 1.3, 1.4
Sport
violence inflicted during 9.6
Spouses,
(see Husband and wife)
Spying 19.5
Stalking 1.2
'Status offences' 2.4
Statutory law
art and part guilt, and statutory offences 6.20
codification by 1.2
common law, interaction with 1.1, 1.6
ignorance of 8.2
source of criminal law 1.1, 1.6
time limit for prosecution 1.14
Stolen goods, handling,
(see Reset)
Strict liability offences 3.1–3.8
attempt and mens rea 7.10, 7.11
corporate liability 4.3
defences 3.7, 3.8
driving 3.4, 13.5
exclusion of mens rea
express words in statute 3.2
rebuttal of presumption, factors for court 3.4
implied mens rea requirement 3.3
reason for having 2.16, 3.1, 3.2
regulatory offences 3.4
accused could not have done otherwise 3.6
effectiveness of provision argument 3.6
'real crime' contrasted 3.5
statute silent as to mens rea 3.4–3.6
Suicide 10.2
assisting suicide/giving advice 10.2, 10.3
England, position in 10.3
Supply
art and part guilt issues 6.12–6.15
actual knowledge, whether required 6.14
business, supply in course of 6.15
substances to volunteer victim 5.8, 5.9
Teacher
chastisement of child 9.3
indecent assault, whether is 11.12
Territorial scope 1.11, 1.12
Terrorism 19.8–19.11
'act of terrorism' distinguished 19.8
background 19.8
control and notification orders, provision for 19.11
disclosure of information duty and offences 19.10
funding 19.9
offences 19.8, 19.9
proscribed organisation, membership of 19.8
Text books, authority of 1.3, 1.4
Theft 14.1–14.23
actus reus 14.5
aggravated 14.21–14.23
drugging, theft by 14.23
housebreaking 14.21, 14.22
housebreaking with intent to steal 14.23
opening lockfast premises offence 14.22, 14.23
other aggravations 14.23
(see also see also Robbery)
appropriation, by 14.5–14.7
acts amounting to 14.7, 14.8
lawful possessor of goods, by 14.6
temporary appropriation 14.10–14.15
wheel clamping a car 14.7
background 14.1, 14.2
borrowing 14.15–14.18
authorised 14.15, 14.16
unauthorised 14.16–14.18
clandestine taking and using 14.15, 14.18, 14.19
consent of owner 14.9
error as to 14.20
fraud and theft distinguished 14.10, 14.15
presumption of theft when no consent 14.16, 14.17
defence 14.20
definition 14.1, 14.10, 14.11
destruction or consumption or property 14.17
embezzlement distinguished 17.1, 17.2
error 14.20
identity of property/consent of owner, as to 14.20
legal entitlement, as to 14.20
finding, by 14.8, 14.9
obligations on finder to take reasonable care etc 14.9
handling goods,
(see Reset)
mens rea 14.10, 14.15
distinguishing from actus reus, problems 14.6, 14.7
presumption of intent when no consent 14.16, 14.17
preventive offences 14.23
property types 14.2
abandoned or lost 14.5, 14.8
another's, must be 14.4, 14.5
corporeal 14.3
moveable 14.4
scope 14.1, 14.2
taking, by 14.5, 14.6, 14.11
'amotio' 14.6
taking and using 14.15, 14.18, 14.19
temporary deprivation 14.10–14.15
bicycle taken 'indefinitely' 14.14, 14.15
nefarious purpose 14.10, 14.15
'ransom' cases 14.11–14.13
Thin skull rule 5.3, 10.14
Third party intervention
novus actus interveniens, as 5.5
strict liability offence, defence to 3.8
Threats
assault, does not constitute 9.2
coercion,
(see Coercion, defence of)
future violence or some other threat,
(see Extortion)
making oral or written, criminal offence 9.13
rape by 11.8
robbery with 15.3
Time limit 1.13, 1.14
common law 1.13, 1.14
statute 1.14
Trading offences
strict liability 3.4
Transferred intent doctrine 9.5
Treason 19.1–19.4
adherence to the sovereign's enemies/giving them aid, etc 19.3
compassing or imagining the death of the sovereign, etc 19.2
forms 19.2, 19.3
levying war against the sovereign in her realm 19.1
misprision of treason 19.4
nature of offence 19.1
sedition, treasonable 19.4
who may commit 19.1
Trial
fair, prejudice of 20.6
Trust
breach of 9.7
fiduciary position, abuse by agent etc 17.1, 17.4
sexual abuse of 11.15, 11.17
Trustees 4.3
embezzlement 17.1, 17.4
'Unfaithfulness exception' for provocation 10.19, 10.21
Uttering forged documents 16.14–16.16
agent, instructions to 16.16
essence of crime of 16.14, 16.15
false articles, and 16.16
fraud compared 16.16
intention 16.16
mens rea elements 16.14
modes
forgery, of 16.15
uttering, of 16.16
Vandalism
malicious mischief distinguished 18.6
statutory offence 18.6
Vehicle,
(see Road traffic offences)
Vicarious liability 3.9, 3.10
mens rea offences 3.9
Victim
art and part liability, and 6.8
condition of
culpable homicide, and particular weakness or peculiarity 10.14
'wicked recklessness' for murder, and 10.8
error as to identity of 8.4
interruption of causation
escape attempts 5.10
feckless conduct 5.11
suicide 5.11
substance supply to volunteer 5.8, 5.9
Violence
personal,
(see Assault; Rape; Robbery)
domestic violence 10.20
future violence, threat of,
(see Extortion)
words calculated to excite,
(see Sedition)
Voluntary/involuntary act,
(see Actus reus)
Voyeurism
new offence of 11.18
Weapon
assault using 9.1, 9.2
aggravated assault, may be 9.7
marketing of 'combat knives', controls 12.12
murder, and 10.8, 10.11
offensive, carrying/possession offences 12.10
categories of weapons 12.10
defences 12.11
knife or bladed article in public 12.12
robbery, and threat of use of 15.3
supply of, art and part guilt,
(see Supply)
Wheel-clamping a car 14.7, 14.9
extortion or theft, may be 17.9
threat of 17.7
'Wilfully' 2.22, 3.3
Withdrawal
defence of 6.16, 6.17
Witness
(see also see also Presence at scene of crime)
contempt of court,
(see Contempt of court)
perjury/subornation of perjury 20.1–20.2, 20.4
refusal to answer questions 20.4, 20.5
whether duty to prevent crime 2.10, 6.10, 6.11
Young person
(see also see also Child)
offences against 11.10, 11.13
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  • Resource ID: C-000-4013
  • Published: 01-Sep-2010
  • Products:  All Bloomsbury Books, Book: Scots Criminal Law
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