Her Majesty's Advocate v. L C [2007] ScotHC HCJ_10 (26 September 2007)

Her Majesty's Advocate v. L C [2007] ScotHC HCJ_10 (26 September 2007)

The law of culpable homicide was clear at the relevant time and not retrospective; the narrative regarding failure to seek medical attention is not a separate crime but part of the indictment; any difference in treatment between the accused and medical personnel distributing needles is justified by legitimate social policy and is proportionate; there is no breach of Articles 6, 7, or 14 ECHR.

Citation
[2007] ScotHC HCJ_10
Parties
Prosecutor: Her Majesty's Advocate; Accused: L C
Jurisdiction
Scotland
Judgment Date
26 September 2007
Procedural Posture
Criminal / Preliminary Hearing (ruling on Devolution Issues)
Outcome
All four Minutes raising devolution issues refused; matter continued to further preliminary hearing.
Legal Topics
Culpable Homicide, European Convention on Human Rights, Article 6, Article 7, Article 14, Needle Exchange Policy, Discrimination, Retrospective Criminality
Criminal Law Human Rights Law Culpable Homicide European Convention on Human Rights Article 6 Article 7 Article 14 Needle Exchange Policy +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Her Majesty's Advocate

Prosecutor

L C

Accused

Procedural Posture

Criminal / Preliminary Hearing (ruling on Devolution Issues)

Legal Issues

  1. 1 Whether the charge of culpable homicide breaches Article 7.1 ECHR (retrospective criminality)
  2. 2 Whether 'failing to seek prompt medical attention' constitutes a crime
  3. 3 Whether the indictment breaches the principle of 'nulla poena sine lege' (no punishment without law)

Ratio Decidendi

The law of culpable homicide was clear at the relevant time and not retrospective; the narrative regarding failure to seek medical attention is not a separate crime but part of the indictment; any difference in treatment between the accused and medical personnel distributing needles is justified by legitimate social policy and is proportionate; there is no breach of Articles 6, 7, or 14 ECHR.

Court Disposition

All four Minutes raising devolution issues refused; matter continued to further preliminary hearing.

Orders

  • First, second, third, and fourth Minutes refused.
  • Case continued to further preliminary hearing for disposal.