WebbO’Connell v HMA 1987 SCCR 459 - The group of accused had been carrying sticks as weapons – when then chased by victim carrying a hammer (lethal weapon) – chased had turned around, one accused taken hammer and killed victim with it - Was the use of the lethal weapon foreseeable, when the group had been carrying sticks - Sticks held to be … WebbLord Carloway Lord Clarke Sheriff Principal Bowen QC16 April 2009Crown copyright Donnelly v HMA 2009 SCCR 512. [17] Lord Justice-Clerk (Gill) Sheriff Fletcher01 …
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WebbIn criminal cases where there is a jury this will be a matter purely for the jury. The court (whether jury or judge), in concluding on each fact and in turn on the case, maydisregard … Webb14 1987 SCCR 413. 15 At 415. 16 At 415. See also Young v HMA 1995 SCCR 418 where the Appeal Court made it clear that it should not be held against the accused in sentencing that he took his case to trial. 17 And by other commentators at the time. See, e.g., the critical comments made in C G B Nicholson, The disinfection or disinfectant
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Webbo Indefinitely: Fowler (Robert) v O’Brien (1994) SCCR 112 o Temporary where there is a ‘nefarious purpose’: HMA v MacKenzie (1913 S.(J.) 107), Milne v Tudhope (1981 JC 53) & Kidston v Annan. And. Knowledge that the given property is the legal property of another. 1 Timothy H Jones and Ian Taggart, Criminal Law (7th edn, W Green 2024) para 10. WebbHMA v Barbour 1982 SCCR 195 Accused took a woman in his car and abducted her and placed such fear into her that she could not say no to his advances. This redefined rape from needing the woman to have been overcome with force to the possibility that she could be overcome with threats and fear of violence alone. Webb[20] It was common ground that where one starts with an emphatic positive identification by one witness very little else is required to corroborate the identification of the accused … disinfect loofah microwave