Singleton & Anor v HM Advocate [2011] ScotHC HCJAC_70 (08 July 2011)

Singleton & Anor v HM Advocate [2011] ScotHC HCJAC_70 (08 July 2011)

No material misdirection occurred in the trial judge's charge to the jury regarding provocation. Even if there were errors, there was no evidential basis for provocation, and no miscarriage of justice resulted. The appeals are refused.

Citation
[2011] ScotHC HCJAC_70
Parties
Appellant: Irene Singleton; Appellant: Peter Singleton; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
08 July 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal refused
Legal Topics
Murder, Culpable Homicide, Provocation, Jury Directions, Onus of Proof, Miscarriage of Justice
Criminal Law Murder Culpable Homicide Provocation Jury Directions Onus of Proof Miscarriage of Justice

Case Brief

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Parties

Irene Singleton

Appellant

Peter Singleton

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the issue of provocation.
  2. 2 Whether any misdirection resulted in a miscarriage of justice.

Ratio Decidendi

No material misdirection occurred in the trial judge's charge to the jury regarding provocation. Even if there were errors, there was no evidential basis for provocation, and no miscarriage of justice resulted. The appeals are refused.

Court Disposition

appeal refused