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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9984
Experience:  30 years as a practising solicitor.
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I currently need some help with trying to understand the crime

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I currently need some help with trying to understand the crime of assault under Scots law. The situation is that whilst at work a colleague has struck me from behind over the head, with a thick pile of paperwork. I received no injury other than the shock of this happening. From my own research I am of the opinion that regardless of "intent to cause injury", the unwanted physical contact is enough to constitute an assault. I have problems with police who keep informing me that assault requires intent, and that this could have been an accident. The research I have done in the law library has revealed that this is not the case and that "accident" is not an excuse. Please could you help to clarify this confusion for me. Thank you.
Thank you for your question.

An assault is bodily harm on another person caused intentionally. It doesn't need to result in injury just a fear or perception of the threat of injury. It is difficult to comprehend a situation whereby the circumstances you describe can be construed as an accident and I wonder if the police are just too lazy to deal with this because there was no actual injury.

If the person did this deliberately, in other words, the crime of assault is established.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

would the resulting pain, shock and alarm of being struck be sufficient to constitute "injury".

Yes, it would, in my opinion.
Customer: replied 2 years ago.

Thank you for your confident responses. A most excellent service.