Bird v. H.M. Advocate [1952] ScotHC HCJ_1 (15 January 1952)

Bird v. H.M. Advocate [1952] ScotHC HCJ_1 (15 January 1952)

The applicant's prolonged molestation and assault of the victim, resulting in her death from shock or fear, constituted culpable homicide; the trial judge's directions were adequate and no misdirection occurred regarding criminal intent or unlawful conduct.

Source-derived case information.

Citation
[1952] ScotHC HCJ_1
Parties
Applicant: Bird; Respondent: H. M. Advocate
Jurisdiction
Scotland
Judgment Date
15 January 1952
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Culpable Homicide, Assault, Jury Directions, Criminal Intent
Criminal Law Culpable Homicide Assault Jury Directions Criminal Intent

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bird

Applicant

H. M. Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding the necessity of proving criminal intent or unlawful conduct for culpable homicide
  2. 2 Whether the applicant's conduct amounted to culpable homicide

Ratio Decidendi

The applicant's prolonged molestation and assault of the victim, resulting in her death from shock or fear, constituted culpable homicide; the trial judge's directions were adequate and no misdirection occurred regarding criminal intent or unlawful conduct.

Court Disposition

appeal dismissed

Orders

  • Conviction for culpable homicide affirmed
  • Sentence of twelve months' imprisonment upheld