HMA v Kidd [1959] ScotHC HCJ_2 (23 October 1959)

HMA v Kidd [1959] ScotHC HCJ_2 (23 October 1959)

The jury must determine, first, whether the accused committed the acts charged beyond reasonable doubt; second, if so, whether he was insane at the time on the balance of probabilities; and third, if not insane, whether his responsibility was diminished so as to reduce murder to culpable homicide, all in accordance with the legal definitions and burdens of proof set out.

Citation
[1959] ScotHC HCJ_2
Parties
Prosecutor: H. M. Advocate; Accused: Kidd
Jurisdiction
Scotland
Judgment Date
23 October 1959
Procedural Posture
Criminal / Jury Charge at Trial
Legal Topics
Murder, Insanity Defence, Diminished Responsibility, Culpable Homicide, Burden of Proof
Criminal Law Murder Insanity Defence Diminished Responsibility Culpable Homicide Burden of Proof

Case Brief

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Parties

H. M. Advocate

Prosecutor

Kidd

Accused

Procedural Posture

Criminal / Jury Charge at Trial

Legal Issues

  1. 1 Whether the accused committed the acts charged (murder of wife and daughter)
  2. 2 Whether the accused was insane at the time of the acts
  3. 3 Whether the accused's responsibility was diminished so as to reduce murder to culpable homicide

Ratio Decidendi

The jury must determine, first, whether the accused committed the acts charged beyond reasonable doubt; second, if so, whether he was insane at the time on the balance of probabilities; and third, if not insane, whether his responsibility was diminished so as to reduce murder to culpable homicide, all in accordance with the legal definitions and burdens of proof set out.