HER MAJESTY'S ADVOCATE v. S [1999] ScotHC 227 (5th October, 1999)

HER MAJESTY'S ADVOCATE v. S [1999] ScotHC 227 (5th October, 1999)

S was acquitted because the evidence did not establish intention to harm for assault, nor criminal recklessness for culpable homicide, given his mental impairment and lack of capacity to foresee the danger. The charge was competent to cover both assault and reckless conduct, but the facts did not support conviction.

Citation
[1999] ScotHC 227
Parties
Prosecution: Her Majesty's Advocate; Accused: S
Jurisdiction
Scotland
Procedural Posture
Criminal / Examination of Facts Following Finding of Unfitness to Plead
Outcome
acquittal
Legal Topics
Culpable Homicide, Assault, Reckless Conduct, Mental Impairment, Capacity to Plead
Criminal Law Culpable Homicide Assault Reckless Conduct Mental Impairment Capacity to Plead

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Parties

Her Majesty's Advocate

Prosecution

S

Accused

Procedural Posture

Criminal / Examination of Facts Following Finding of Unfitness to Plead

Legal Issues

  1. 1 Whether S committed culpable homicide by assault or reckless conduct
  2. 2 Effect of mental impairment and age on criminal responsibility
  3. 3 Competency of charge covering both assault and reckless conduct

Ratio Decidendi

S was acquitted because the evidence did not establish intention to harm for assault, nor criminal recklessness for culpable homicide, given his mental impairment and lack of capacity to foresee the danger. The charge was competent to cover both assault and reckless conduct, but the facts did not support conviction.

Court Disposition

acquittal

Orders

  • S acquitted in terms of section 55(3) of the Criminal Procedure (Scotland) Act 1995